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01 21 02 Council Agenda IconsORDER OF ROLL CALL FOR MEETING OF 1/21/02 CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING MONDAY, JANUARY 21, 2002 4:45 P.M. CLINE CONNORS DUGGAN MARKHAM MICHALSKI NICHOLSON - DINNER- LIBRARY ROTUNDA BUOL 5:15 P.M. - LIBRARY AUDITORIUM - STREETSCAPE DESIGh ,.,,,,~,,.~.~..__ _ 6:30 P.M. - REGULAR MEETING LIBRARY AUDITORIUM INVOCATION President Ken Daughters, Emmaus Bible College CONSENT ITEMS (See Pages 9 - 16) The consent agenda items are considered to be routine and non-controversial and all conS~ent 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 Appointments to the following Boards/Commissions Human Rights Commission (Three vacancies for terms through 1/1/05 - Blau, Determan, and Sutton) Applicants: Sr. Corine Murray, PBVM; Lou Oswald; Bill Ross; Joseph Hopkins Plumbing Board (Journeyman - Term of Papin to expire 11/2/03) Applicant: Paul Papin Bd and Comm List Overview Human Rights Apps Plumbing Bd App PUBLIC HEARINGS SUSPEND THE RULES Loras College - Request to Amend the ID Institutional District Proof of publication on notice of hearing to consider amending the ID Institutional District located from Henion Street to 16t~ Street at the request of Loras College to allow for construction of student apartments and Zoning Advisory Commission recommending approval. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by providing for the amendment of Ordinance 18-00 and approving an amended Campus Development Plan for the Loras College ID Institutional District Suggested Disposition: Receive and File; Motion B; Motion A Loras - ZAC Ltr Loras - Staff Report Loras - Ordinance Loras Application Loras Exhibits Loras G:[S Map Loras Parking Study Loras Site Plan Loras Letter RPPD Ordinance Neighborhood Ltrs Proposed Motion White Street Reconstruction 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 adoption of the plans and specifications and that a second public headng and award of the contract be scheduled for February 18, 2002. Communication from Ena Rae-Lienne Porter, 2268 White Street, expressing concern regarding the cost of the improvements. Communication from Brenda Lee Thurston Burke, objecting to the public improvement assessment for reconstruction of White Street. Communication from Karen M. and Mark J. Kuhle regarding the White Street reconstruction project. Communication of Ellis Swartz, 2665 Jackson Street, objecting to the assessments for the reconstruction of White Street. RESOLUTION Rescinding the preliminary schedule of assessments and approving a revised preliminary schedule of assessments 2 RESOLUTION With respect to the adoption of the Resolution of Necessity proposed for the White Street Reconstruction Projec~ (with Option Three) Suggested Disposition: Receive and File; Adopt Resolutions White St Objections NOTE: The Staff matedal for this item will be delivered as hard C~py on Friday. 515 Garfield Avenue - Request to Rezone Proof of publication on notice of hearing to consider rezoning property located at 515 Garfield Avenue from R-2A Alternate Two-Family Residential District to OR Office Residential District as requested by Scott Potter and Zoning Advisory Commission recommending approval. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 515 Garfield Avenue from R-2A Alternate Two-Family Residential District to OR Office Residential District Suggested Disposition: Receive and File; Motion B; Motion A Garfield - ZAC Ltr Garfield Staff Report Garfield - Ordinance Potter- Application Garfield - Nap Proposed Notion Holliday Drive - Request to Amend the Planned Unit Development Proof of publication on notice of hearing to consider amending the Planned Unit Development at the southwest corner of Asbury Road and Holliday Drive as requested by A.J. Spiegel and Dr. Timothy Quagliano and Zoning Advisory Commission recommending approval, ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by repealing Section 2(C)(2) of Ordinance No. 15-99 and enacting a new Section 2(C)(2) in lieu thereof pertaining to access requirements of the PC Planned Unit Commercial District for QHQ Properties Suggested Disposition: Receive and File; Motion B; Motion A 3 Holliday - ZAC Ltr Holliday - Staff Holliday - Ordinance QHQ AppJica~on Report QHQ Map QHQ Picture Ord 15-99 ZAC 1999 Minutes Proposed Motion Dubuque Jaycees/Peosta Channel Trail 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 that the City proceed with the project. RESOLUTION Adopting plans and specifications for the project Suggested Disposition: Receive and File; Adopt Resolution Treil - MVM Memo Trail - Staff Memo Trail I Resolutions Trail Map = Port of Dubuque Utility Relocation and Extension 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 Port of Dubuque Utility Relocation and Extension Project to Fischer Excavating, Inc., in the amount of $908,591.98. RESOLUTION Adopting plans and specifications for the project RESOLUTION Awarding contract to Fischer Excavating, Inc. Suggested Disposition: Receive and File; Adopt Resolutions Port - MVM Memo Port - Staff Memo Port - Resolution #1 Port - Resolution #2 Port - Bid Tab = Watermain and Road Extension from Chavenelle Road at Radford Road to the Industrial Park Proof of publication on notice of hearing to consider approving a proposed public improvement project to construct the Chavenelle Road watermain extension and to acquire property for the extension of Chavenelle Road, and to acquire agricultural land for the project and City Manager recommending adoption of the resolution approving construction of the Chavenelle Road watermain extension and acquisition of property for the extension through condemnation if necessary. 4 RESOLUTION Approving a public improvement project to construct the Chavenelle Road Watermain Extension, to acquire property for the extension of Chavenelle Road, and to acquire agricultural land for the project Suggested Disposition: Receive and File; Adopt Resolution Watermain - HVH Resolution McFadden - MVM McFaddens - Staff Chavenelle - Staff Hemo Memo Memo Memo Planned Unit Development District - Text Amendment Proof of publication on notice of hearing to consider an amendment to Section 3-5.5(B) Planned Unit Development of the City of Dubuque Code of Ordinances as requested by the City of Dubuque and Zoning Advisory Commission recommending approval. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by repealing Section 3-5.5(B) and adopting a new Section 3-5.5(b) in lieu thereof pertaining to general requirements of Planned Unit Developments Suggested Disposition: Receive and File; Motion B; Motion A PUD - ZAC Ltr PUD - Staff Memo PUD - Ordinance Proposed Motion REINSTATE THE RULES ACTION ITEMS Greater Dubuque Development Corporation Rick Dickinson, Executive Director of GDDC, to present their quarterly report. Suggested Disposition: Receive and File Housing Authority Governing Board City Manager recommending approval of an amendment to the Code of Ordinances to create a municipal housing agency governing board for administration of the City's federal Section 8 rental assistance program. ORDINANCE Amending Chapter 15, Community Development, of the City of Dubuque Code of Ordinances by repealing Article II, Low-Rent Housing, Division I, Generally, Section 15-11, Designation of Municipal Housing Agency and adopting a new Article II Municipal Housing Powers, Division 1, Municipal Housing Agency, Section 15-11 Municipal Housing Agency and Governing Board; and by repealing Section 15-12, Housing Program Supervisor Suggested Disposition: Receive and File; Motion B; Motion A 5 = Housing - MVM Mem, Housing - Staff Housing - Ordinance Motion Memo Comprehensive Annual Financial Report (CAFR) City Manager submitting the Fiscal Year 2001 Comprehensive Annual Financial Report (CAFR), Parking Facilities Financial Statements, Management Letter and Response to Management Letter. Suggested Disposition: Receive and File CAFR - MVM Memo CAFE - Staff Memo Mgmt Responses EideBaiIly Ltr Parking Report NOTE: The CAER iSF~eiadbd as ~rd Copy Sunset Ridge Communication from Douglas Henry requesting that Sunset Ridge be declared a public street and related correspondence. Suggested Disposition: Receive and File; Council Sunet Ridge Way-Finding Signage City Manager recommending approval of the Way-Finding Signage Task Force recommendations with modifications. Suggested Disposition: Receive and File Wa~nding - MVM Wayfinding ~ Staff Wayfinding Slides Wayfinding Map Memo Memo National League of Cities Communication from the National League of Cities appointing Council Member Dan Nicholson to the 2002 Information Technology and Communications Steering Committee and requesting that he accept the appointment. Suggested Disposition: Receive and File; Approve Appointment NLC LePer 6 Iowa League of Cities Communication from Iowa League of Cities appointing Council Member Patricia Cline to serve as one of Iowa's representatives on the Public Safety and Crime Prevention Policy Committee. Suggested Disposition: Receive and File; Approve Appointment League Ltr Rail Feasibility Study City Manager recommending that a portion of Fiscal Year 2002 funds programmed by Keyline Transit as the local match for trolley vehicles be redirected as the matching funds for the Rail Feasibility Study, which has been approved for funding by Congress. Suggested Disposition: Receive and File; Approve Keyline - MVM Mem¢ Keyline - Staff Memo Fiscal Year 2003 Operating Budget and Capital Improvement Program City Manager presenting the Fiscal Year 2003 Operating Budget and Capital Improvement Program. Suggested Disposition: Receive and File Budget - MVM Memo ITEMS TO BE SET FOR PUBLIC HEARING Bond Sale to Support Main Street Reconstruction Project City Manager recommending that a public hearing be set for Monday, February 4, 2002 to consider the sale of $1,000,000 General Obligation Bonds, Series 2002. RESOLUTION Fixing date for a meeting on the proposition of the issuance of not to exceed $1,000,000 General Obligation Bonds (for an Essential Corporate Purpose) of Dubuque, Iowa, and providing for publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 2/4/02 7 Bonds - MVM Memo Bonds - Staff Memo Bonds - Resolution Downtown Urban Renewal District City Manager recommending adoption of a Resolution of Necessity finding that an Amendment to the Urban Renewal Plan for the Downtown Urban Renewal District is necessary and setting a public hearing for April 1,2002. RESOLUTION of Necessity finding that the expansion of the Downtown Dubuque Urban Renewal District is an area meeting the definitions of blight and economic development and that development of said area is necessary in the interest of the residents of the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 4/1/02 Downtown - MVM Downtown - Staff Downtown - Downtown Map Memo Memo Resolution Rezoning Request of Dennis and Lori Ansel City Manager recommending that the public hearing to consider the rezoning request of Dennis and Lori Ansel, which was tabled on October 16, 2000, be reset for hearing on February 4, 2002. Suggested Disposition: Receive and File; Set Public Hearing for 2~4~02 Ansel - MVM Memo Ansel - Staff Memo Ansel - Staff Report Ansel - Ordinance Ansel - Backup Hazard Mitigation Plan Task Force City Manager recommending that a public hearing be set for February 4, 2002 to consider the City's Hazard Mitigation Plan as developed by the Hazard Mitigation Plan Task Force. Suggested Disposition: Receive and File; Public Hearing 2/4/02 Plan - MVM Memo ECIA Lb' Hazard Plan Draft Cottingham and Butler - Irrevocable License City Manager recommending that a public hearing be set for February 4, 2002 to consider disposing of City-owned property to Cottingham and Butler to construct an 8 underground tunnel in the public right-of-way from their current building to their buildings at 823 and 835 Main Street. RESOLUTION of Intent to dispose of interest in City-owned property to Cottingham and Butler Suggested Disposition: Receive and File; Public Hearing 2~4~02 Tunnel - MVM Hemc Tunnel - Staff Memo Tunnel - Resolution C & B Ltr C & B License Tunnel Drawing CONSENTITEMS Minutes Submitted City COuncil of 1/7; Civil Service Commission of 12/18; Historic Preservation Commission of 12/20; Park and Recreation Commission of 12/11; Transit Board of 12/13; Zoning Advisory Commission of 12/19 and 1/2; Zoning Board of Adjustment of 12/20; Finance Director submitting the City of Dubuque Financial reports for the month ending December 31, 2001. Printed Council Proceedings for November 2001. Suggested Disposition: Receive and File; Approve as Printed Coundl Civil Service HPC Park and Rec Transit Zoning Advisory ZBA Proceedings Notice of Claims/Suits David Draper in estimated amount of $629.04 for vehicle damage; Carol Ernst in estimated amount of $503.97 for vehicle damage; Farm Bureau Mutual Insurance in undetermined amount for vehicle damage and personal injury of Ead Hinzman; Leuwerke and Associates, Inc. in undetermined amount for property damage claim of Ellen Close; Randy Rath in estimated amount of $800 for vehicle damage Suggested Disposition: Receive and File; Refer to Legal for Investigation/Report 9 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: Richard J. Hartig for property damage.; Joe A. Kubicek for personal injury; and SISCO for personal injury claim of Jody Bradley. Corporation Counsel recommending approval of the claim of Joe Chapman for property damage in the amount of $15.00 and directing the Finance Director to issue the proper payment. Suggested Disposition: Receive and File; Finance Director to Issue Payment Claims - [CAP Claims - Settled Citizen Communications Communication from John and Tina Perry requesting that the City vacate a portion of Burlington and Stolz Street abutting their property. Communication from Brendan T. Quann, representing the Sisters of Charity of the Blessed Virgin Mary, requesting that the City vacate a portion of Carmel Drive abutting property owned by the Sisters of Charity. Communication from Kenneth J. Moore and Vince Kilburg requesting that parking be allowed in the alley between Main Street and Iowa Street for tenants in building located at 140 Loras Boulevard. Suggested Disposition: Receive and File; Refer to City Manager Perry Lb' BVM Lb' Moore Ltr Civil Service Commission Civil Service Commission submitting the certified list for the position of Stock Clerk and amending the certified list for Equipment Operator Il. Suggested Disposition: Receive and File; Make a Matter of Record Stock Clerk Equipment Opt II 10 City Precinct and Ward Plan Communication from Chet J. Culver, Secretary of State, adviSing that the State has approved the City Precinct and Ward Plan as submitted. Suggested Disposition: Receive and File Ward Plan Dubuque Girls' Independent League City Manager recommending approval of the first amendment to the lease agreement between the City of Dubuque and the Dubuque Gids' Independent League for 11.6 acres of the Rip Row Valley property to cleady state when the general public will be able to use the leased area. RESOLUTION Approving an amendment to the lease agreement with the Dubuque Gids' Independent League Suggested Disposition: Receive and File; Adopt Resolution Lease - MVM Memo Lease - Staff Memo Lease - Resolution Phase III Historical/Architectural Survey Grant Agreement City Manager recommending approval of a Certified Local Government (CLG) grant agreement for Phase III of Dubuque's Architectural/Historic Survey/Evaluation. Suggested Disposition: Receive and File; Approve Agreement Grant - MVM Memo Grant - Staff Memo Grant Agreement Final Plat - Lots 1 and 2 of C and Z Addition Zoning Advisory Commission recommending approval of the final plat of Lots 1 and 2 of C and Z Addition located at 605 and 611 South Grandview at the request of Roland Clinton and Richard and Patricia Zahina. RESOLUTION Approving the final plat of Lots 1 and 2 of C and Z Addition Suggested Disposition: Receive and File; Adopt Resolution 11 Plat - ZAC Ltr Plat - Staff Hemo Plat ~ Resolution Plat - Application 330 - 336 Main Street - Acceptance City Manager recommending acceptance of the demolition project at 330 - 336 Main Street in the final contract amount of $150,040 as completed by Tschiggfrie Excavating. RESOLUTION Accepting improvement RESOLUTION Approving final contract amount of $150,040 Suggested Disposition: Receive and File; Adopt Resolutions Main St - MVM Hem( Main St - Staff Memc Main St - Resolutions 10. Westside Intake Replacement Project - Acceptance City Manager recommending acceptance of the Westside Intake Replacement Project in the final contract amount of $39,704.11 as completed by Renaissance of Dubuque Corporation. RESOLUTION Accepting improvement RESOLUTION Approving final contract amount of $39,704.11 Suggested Disposition: Receive and File; Adopt Resolutions Westside - MV~ Westside ~ Staff Westside - Memo Memo Resolution 11. 2001 CDBG Curb Ramp Installation -Acceptance City Manager recommending acceptance of the 2001 Curb Ramp Installation (CDBG) Project in the final contract amount of $31,052.28. RESOLUTION Accepting improvement RESOLUTION Approving final contract amount of $31,052.28 Suggested Disposition: Receive and File; Adopt Resolutions CDBG - MVM Memo CDBG - Staff Memo CDBG - Resolutions 12 12. 13. 2001 Sidewalk Assessment Project City Manager recommending approval of the final assessment schedule for the 2001 Sidewalk Assessment Project. RESOLUTION Adopting the final assessment schedule for the 2001 Sidewalk Assessment Project including certain information required by the Code of Iowa, specifically, the number of annual installments into which assessments are divided, the interest on all unpaid installments, the time when the assessments are payable and directing the Clerk to certify the final schedule and to publish notice thereof Suggested Disposition: Receive and File; Adopt Resolution Sidewalk - MVM Sidewalk - Staff Sidewalk - Resolut~or Assessments Memo Memo Dubuque Yacht Basin Lease Amendments City Manager recommending approval of three corrected lease amendments between the City and Dubuque Yacht Basin, Inc., which were approved on December 17, 2001. Suggested Disposition: Receive and File; Approve Amendments Leases - MVM Memo Lease - Staff Memo Amendment #1 Amendment #2 Amendment #3 14. Dodds River Terminals - Lease Amendment City Manager recommending approval of an amendment to the lease agreement between the City of Dubuque and Dodds River Terminals for rail access. RESOLUTION Approving the First Amendment to Lease and Agreement between Dubuque Twine Company and the City of Dubuque dated Apd110, 1979 Suggested Disposition: Receive and File; Adopt Resolution Dodds - MVM Memo Dodds - Staff Memo Dodds - ResoluUon Dodds Lease Dodds Ltr 15. Authorized Depository Institutions City Manager recommending increasing the maximum balance for the City's authorized depository institutions (Firstar Bank N.A., Dupaco Community Credit Union, Premier Bank, East Dubuque Savings Bank, and Liberty Bank) from $15,000,000 to $20,000,000. RESOLUTION Naming Depositories 13 Suggested Disposition: Receive and File; Adopt Resolution Depository - MVM Depositories - Staff Depositories - Memo Memo Resolution i6. Dubuque Yacht Basin - Firstar Assignment City Manager recommending approval of the assignment of real estate and lease agreements for the Dubuque Yacht Basin to Firstar Bank. Suggested Disposition: Receive and File; Approve DYB - MVM Memo DYB - Staff Memo Assr City Mgr Memo DYB Agreement 17. 18. Quarterly Investment Report City Manager submitting the December 31, 2001 Quarterly Investment Report. Suggested Disposition: Receive and File Report - MVM Memo Report - Staff Memo Earnings Summary Investment Summar~ Schedule of CD's Schedule of City Schedule of Funds Securities Four Mounds Foundation City Manager recommending support for a grant application by the Four Mounds Foundation to the State Historical Society for repairs to the exterior of the Grey House (Conference Center/Inn). Suggested Disposition: Receive and File; Approve Support Four Mounds - MVM Four Mounds Lb' Memo 14 19. 20. Heartland Financial - Notice of No Significant Impact City Manager recommending approval of a combined Notice of No Significant Impact on the Environment and Notice of Intent to Request Release of Funds for the Heartland Financial USA 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 Heartland Financial USA Project Suggested Disposition: Receive and File; Adopt Resolution Heartland - MVM Heartland - Staff Heartland - Exhibit A Memo Memo Resolution Agreement Between the City of Dubuque and Delta Dental Plan of Iowa City Manager recommending approval of the Administrative Services and Financial Agreement between the City of Dubuque and Delta Dental Plan of iowa for services related to the administration of the City's dental plan. Suggested Disposition: Receive and File; Approve Detta Dental - MVM Delta Dental I S~ff Delta Dental Agr Memo Memo 21. Iowa League of Cities Conference City Manager recommending that the City submit a bid for the Iowa League of Cities Conference scheduled for 2005 and 2006. Suggested Disposition: Receive and File; Concur League - MVM Memo Support Ltr i5 22. Business Licenses RESOLUTION Granting issuance of a Class "C" Beer Permit to Dubuque Discount Gas, Oky Doky #8, IOCO Speede Shoppe #33, and Liquor Depot of DUbuque RESOLUTION Granting issuance of a Class "C" Beer/Liquor License to Town Clock Inn, Tony's Place, and Goetz's; and a Class "B" Wine Permit to Liquor Depot of Dubuque Suggested Disposition: Adopt Resolutions Resolution #~. Resolution #2 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 Acquisition of Property-Iowa Code Chapter 21.5(1)(c)(j) Jeanne F. Schneider January 17, 2002 16