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2 4 02 Agenda with iconsCITY OF DUBUQUE, IOWA CITY COUNCIL MEETING MONDAY, FEBRUARY 4, 2002 4:30 P.M. - DINNER - LIBRARY ROTUNDA 5:00 P.M. - PORT OF DUBUQUE DESIGN STANDARDS - LIBRARY AUDITORIUM 6:30 P.M. - REGULAR MEETING - LIBRARY AUDITORIUM Design ~ MV~I Memc Design - Staff Memo INVOCATION Deacon Paul Peckosh, St. Raphael's Cathedral CONSENT ITEMS (See Pages 9 - 14) 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 Board: Housing Code Appeals Board (Two three year terms expidng 1/11/05 - Hannah and Sampson) Applicants: Tom Hannan, Robert L. Sampson B and C List Overview List Housing Code Apps PUBLIC HEARINGS Bond Sale to Support Main Street Reconstruction Project Proof of publication on notice of hearing to consider the issuance of $1,000,000 General Obligation Bonds and City Manager recommending that the City institute proceedings to take additional action on the issuance. RESOLUTION Instituting proceedings to take additional action for the issuance of not to exceed $1,000,000 General Obligation Bonds RESOLUTION Directing the advertisement for sale of $1,000,000 General Obligation Bonds, Sedes 2002B Suggested Disposition: Receive and File; Adopt Resolutions Bonds ~ MVM Memo GO Bonds - Staff Bonds - Resolutions Bonds -Noth Ltr Memo Rezoning Request of Dennis and Lori Ansel Proof of publication on notice of hearing to consider rezoning property located at 2001 Rockdale Road from R-1 Single Family residential District and C-2 Neighborhood Commercial District to CS Commercial Service and Wholesale District and Zoning Advisory Commission recommending denial of the claim (from October 16, 2000 meeting where item was tabled). ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 2001 Rockdale Road from R-1 Single Family District and C-1 Neighborhood Commercial Distdct to CS Commercial Service and Wholesale District Suggested Disposition: Receive and File; Concur with Denial; or Motion B; Motion A Ansel - MVM Hemo Ansel - Staff Memo Ansel - Staff Report Ansel - Ordirlance Ansel - Backup MoUon 2 Hazard Mitigation Plan Task Force Proof of publication on notice of hearing to consider the City's Hazard Mitigation Plan as developed by the Hazard Mitigation Plan Task Force and City Manager recommending adoption of the Plan. Suggested Disposition: Receive and File; Adopt Plan Plan - MVH Memo EC[A Ltr Hazard Plan Draft Cottingham and Butler - Easement Proof of publication on notice hearing to consider disposing of City interest under a portion of Main Street between 8th and 9th Street in the City of Dubuque, Iowa to Cottingham and Butler, Inc. and City Manager recommending approval. RESOLUTION Disposing of an interest in real property by easement to Security Partners, L.P., an Iowa Limited Partnership Suggested Disposition: Receive and File; Adopt Resolution Tunnel - r'4vH Plemc Tunnel - Staff Memo Tunnel - Resolution C & B Lb' C & B Ucense Tunnel Drawing Tunnel - Eac=emunt ACTION ITEMS Greater Dubuque Development Corporation Progress Report Rick Dickinson, Executive Director of the Greater Dubuque Development Corporation, presenting a verbal progress report. Suggested Disposition: Receive and File m White Street Reconstruction Project City Manager recommending that the preliminary schedule of assessments for the White Street Reconstruction Project be amended for final adoption at the public hearing on February 18, 2002; and that a public hearing be set for March 4, 2002 for the nine property owners who did not receive the proper notice of the assessable project. RESOLUTION Amending the preliminary schedule of assessments for the White Street Reconstruction Project - 21st to 32nd Street 3 RESOLUTION Preliminary approval of plans and specifications RESOLUTION Fixing date of hearing on plans and specifications RESOLUTION of Necessity RESOLUTION Fixing date of hearing on Resolution of Necessity RESOLUTION Approving preliminary schedule of assessments Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 3/4/02 White St - MVM White St - Staff White St - White St Memo Memo Resolutions Assessments Parking Meter Districts City Manager recommending approval of an Ordinance to expand the meter district to include both sides of Eighth Street, from Iowa Street to Locust Street, and both sides of Main Street, from Fifth Street to Ninth Street. ORDINANCE Amending Section 32-336 of the City of Dubuque Code of Ordinances, establishing the Municipal Parking Meter District by adding both sides of Eighth Street from Iowa Street to Locust Street and both sides of Main Street from Fifth Street to Ninth Street Suggested Disposition: Receive and File; Motion B; Motion A Metam - MVM Memo Meters - Staff Memo Meters - Ordinance Motion w Iowa League of Cities Annual Conference City Manager requesting that a City Council Member be designated as a liaison for the Iowa League of Cities Annual Conference Bid for 2005 or 2006. Suggested Disposition: Receive and File; Council Appointment League - HVH Memc League Lb' 4 U.S. Highway 20 Signal Improvements - STP Agreement City Manager recommending approval of a cooperative agreement with the Iowa Department of Transportation for Surface Transportation Program funding relating to the realignment of University Avenue from Ethel Street to U.S. Highway 20 RESOLUTION Approving Cooperative Agreement between the Iowa Department of Transportation (DOT) and the City of Dubuque relating to the realignment of University Avenue from Ethel Street to U.S. Highway 20 Suggested Disposition: Receive and File; AdOpt Resolution Signals - HV~ Ylemc Signals - Staff Hemo Signals - Resolution Signals - [DOT Ltr Signals - Agreement Signals - C~P Signals - Drawing Council Member John Markman Appointment Communication from Tom Bredeweg, Iowa League of Cities, appointing Council Member John Markham to the Finance Administration and Intergovernmental Relations Policy Committee. Suggested Disposition: Receive and File Markham ItT Council Member Ann Michalski Appointment Communication from Tom Bredeweg, Iowa League of Cities, appointing Council Member Ann Michalski to the Human Development Policy Committee. Suggested Disposition: Receive and File Michalski Ltr International Institute of Municipal Clerks Communication from the International Institute of Municipal Clerks advising that City Clerk Jeanne Schneider has achieved the status of Certified Municipal Clerk (CMC). Suggested Disposition: Receive and File 5 IIMC Ltr ITEMS TO BE SET FOR PUBLIC HEARING Crescent Heights - Request to Vacate City Manager recommending that a public hearing be set for February 18, 2001 to consider a request from Larry and Sharon McDermott to vacate a 20-foot wide utility easement on Crescent Heights. RESOLUTION of Intent to dispose of interest and vacate utility easement over Lots 40, 41 and 42 of Crescent Heights in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 2/18102 Request - IVlVM Request - Staff Request - Resoltfdon Vacating Request Lb' Memo Memo Mt. Carmel Sanitary Sewer Extension City Manager recommending acceptance of the Mt. Carmel Sanitary Sewer Extension Project and that a public hearing be set for February t8, 2002 on the connection fees for the sanitary sewer. RESOLUTION Accepting improvement RESOLUTION Approving estimate RESOLUTION Adopting the preliminary schedule of final assessments for the Mt. Carmel Sanitary Sewer Extension 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 RESOLUTION Providing for notice Of the date, time and place for a public hearing on an Ordinance establishing a schedule of connection fees for the Mt. Carmel Sanitary Sewer Extension Project within the City of Dubuque, Iowa ORDINANCE Establishing the Mt. Carmel Sanitary Sewer Extension Project and a schedule of fees for the connection of property to said sewer Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 2/18/02; Motion B; Motion A 6 Memo Memo Mt. Carmel - Mt_ Carmel Proposed Motion Ordi~ ,,~n'~ Mt. C, armol - Resolutions Fiscal Year 2003 Annual Action Plan City Manager submitting the City's Fiscal Year 2003 Annual Action Plan and recommending that a public hearing be set for February 18, 2002 to consider the Plan. RESOLUTION Setting a public hearing on the Program Year 2002 (Fiscal Year 2003) Community Development Block Grant (CDBG) Annual Plan Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 2/21/02 Action Plan - MVH Action Plan - Staff Action Plan - Exhibit A Memo Memo Resolution Exhibit B Exhibit C Rip Row Valley Ball Field Development City Manager recommending initiation of the bidding process for demolition and grading of the ball field site of the Rip Row Valley development and that a public hearing be set for March 4, 2002. RESOLUTION Preliminary approval of plans and specifications RESOLUTION Setting date of hearing on plans and specifications RESOLUTION Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 3~4~02 Riprow - MVH Memo Rip Row - Staff Rip Rrow - Memo Resolutions 7 Woodward - MVM Woodward - Staff Woodward - Memo Nemo ResoluUons CONSENTITEMS Minutes Submitted Building Code Board of Appeals of 1/17; City Council of 1/21; Electrical Code Board of 1/14; Five Flags Commission of 1/14; Historic Preservation Commission of 1/17; Housing Commission Trust Fund of 1/24; Human Rights Commission of 11/5/01 and 12/10/01; Investment Oversight Commission of 1/17; Park and Recreation Commission of 12/11; Transit Board of 1/10; Zoning Board of Adjustment of 1/24 Proof of publication of City Council proceedings of 12/27 and 1/7; proof of publication of list of claims and summary of revenues for the month ending November 30, 2001 Investment Oversight Commission submitting their 35th quarterly report. Substance Abuse Services Center Second Quarter Report for Fiscal Year 2002. Suggested Disposition: Receive and File Bldg Code Bd DHRC of 11/5 DHRC of 12/10 Electrical Code Bcl Free Flags HPC Housing Trust Fd Investmer~ Park and Re(: Transit Zoning Bd of Adj Comm IOAC P, epolt ~ R~pott Notice of Claims/Suits Frederick D. White in undetermined amount for property damage. Suggested Disposition: Receive and File; Refer to Legal for Investigation/Report Corporation Counsel advising that the following claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Farm Bureau Mutual Insurance for vehicle damage/personal injury and Carol Ernst for vehicle damage. Suggested Disposition: Receive and File; Concur 9 Corporation Counsel recommending settlement of the claim of David P. Draper for vehicle damage in the amount of $629.04 and that the Finance Director be directed to issue payment. Suggested Disposition: Receive and File; Finance Director to Issue Payment Claims - [CAP Claim - Settled Highway 20 Landscaping Project - Agreement for STP Funding City Manager recommending approval of an agreement with the Iowa Department of Transportation for Phase II of the Highway 20 landscaping project in the amount of $100,000. RESOLUTION Approval of agreement for STP Funding Suggested Disposition: Receive and File; Adopt Resolution Hwy 20 - MVM Mernc Hwy 20 - Staff Memo Hwy 20 - Resolution Hwy 20 Agreement m 2001 Certified Local Government (CLG) Annual Report City Manager submitting the 2001 Certified Local Government (CLG) Annual Report as required by the State Historical Society. Suggested Disposition: Receive and File CLG - MVM Memo CLG - Staff Memo CLG Letter CLG Annual Report CLG - HPC Decisions 2001 Curb Ramp Installation - CDBG No. 2 Project - Acceptance City Manager recommending acceptance of the 2001 Curb Ramp Installation - CDBG No. 2 Project in the final contract amount of $19,346.59 as completed by Superior Construction. RESOLUTION Accepting improvement RESOLUTION Approving final estimate Suggested Disposition: Receive and File; Adopt Resolutions Curb Ramp - MVM Curb Ramp - Staff Curb Ramp - Memo Memo Resolutions 10 aw Locust Street Connector City Manager recommending approval of a cooperative agreement between the City and the Iowa Department of Transportation for reconstruction of the Locust Street and the Locust Street Connector intersection RESOLUTION Approving Cooperative Agreement between the Iowa Department of Transportation (IDOT) and the City of Dubuque relating to the reconstruction of Locust Street and the Locust Street Connector SuggeSted Disposition: Receive and File; Adopt Resolution Locust - MVH Memo Locust - Staff Memo Locust - Resolution Locust - Agreement Locust - Existing PlaF Locust - Proposed Locust - Final Design Hap Penalties for Tobacco Permit Holders City Manager recommending that a hearing be set for February 18, 2002 to consider assessing civil penalties against nine tobacco permit holders. Suggested Disposition: Receive and File; Hearing 2/18102 Penalties - IvlVH Penalties - Staff Memo Memo Annual Rental Survey City Manager submitting the results of the Annual Rental Survey. Suggested Disposition: Receive and File Survey - MVH Memo Survey - Staff Memo Survey - Release Sun~=y - Synopsis Rental Survey RISE Project Agreement - Chavenelle Road City Manager recommending approval of a project agreement with the Iowa Department of Transportation for RISE funding of street improvements for Chavenelle Road west of Seippel Road in the Dubuque Industrial Center West. RESOLUTION Approving an agreement for RISE funding with the Iowa Department of Transportation relating to development of Chavenelle Road west of Seippel Road in the Dubuque Industrial Center West 11 Suggested Disposition: Receive and File; Adopt Resolution RISE - IVlVM Memo RISE - Staff Memo R~SE - Resolution RISE - IDOT Agr 10. 11. Mutual Aid Agreements - City of Dubuque, Dubuque County and Jo Daviess County, Illinois City Manager recommending approval of two mutual aid agreements for law enforcement services between the City of Dubuque, Dubuque COunty, and Jo Daviess County, Illinois. RESOLUTION Approving a Chapter 28E Multijurisdictional Law Enforcement Agreement among the City of Dubuque, Iowa, Dubuque County, Iowa, and Jo Daviess County, Illinois RESOLUTION Approving a Chapter 28E Multijurisdictional Drug Enforcement Agreement among the City of Dubuque, Iowa, Dubuque County, Iowa, and Jo Daviess County, Illinois Suggested Disposition: Receive and File; Adopt Resolutions Agreements - MVM Agreements - Staff Resolution #1 Resolution #2 28E Agreemenbs Memo Memo McFadden Property - Acceptance of Deed City Manager recommending acceptance of property from Vincent McFadden and Louella McFadden for the extension of Chavenelle Drive. RESOLUTION Accepting the deed to certain real estate in Dubuque County, Iowa from Vincent McFadden and Luella McFadden Suggested Disposition: Receive and File; Adopt Resolution McFadden - MVM McFadden - McFadden Deed Memo Resolution 12 12. 13. Enterprise Zone Commission Appointment of the City Manager to the Enterprise Zone CommissiOn for a three year term ending on February 15, 2005. Suggested Disposition: Council Appointment U.S. Department of Housing and Urban Development Communication from Roy Bernardi of the U.S. Department of Housing and Urban Development regarding an application for America's River Museum funding in the amount of $1,000,000. Suggested Disposition: Receive and File; Council HUD ItT 14. State of Iowa DeparE.ent of Public Defense City Manager providing a response to a communication from Ellen Gordon, State of Iowa Department of Public Defense, Emergency Management Division about eligibility for public assistance projects. Suggested Disposition: Receive and File State - HVH Memo Staff Response Gordon Lb' 15. 16. Dubuque County Board of Supervisors Communication of City Manager to Donna Smith, Dubuque County Board of Supervisors, advising that the City supports the application of Cottingham and Butler for a Historic Property Rehabilitation Tax Exemption for the Town Clock Building. Suggested Disposition: Receive and File; Approve Supewlsors - HVH Supervisors Ltr Hemo Marine Fuel Tax Grant Agreement for Riverfront Boat Pier at Port of Dubuque City Manager recommending of a Marine Fuel Tax grant application for construction of the riverfront boat pier at the Port of Dubuque. RESOLUTION Authorizing application for Madne Fuel Tax Grant for construction of riverfront boat pier 13 Suggested Disposition: Receive and File; Adopt Resolution Grant - ~ Herno Grant - S~aff Hemo Grant - Resol~Uon Grant Application 17. Business Licenses RESOLUTION Granting issuance of a Class "C" Beer Permit to Molo Oil; Dubuque Discount Gas and Lee's 76/VVeSt Locust Mart RESOLUTION Granting issuance of a Class "B' (Hotel/Motel) License to Dubuque Inn Corporation and Class "C' Beer/Liquor License to Pusateris and Dubuque Mining Company Suggested Disposition: Adopt Resolutions Resolution #1 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 Acquisition of Property - Iowa Code Chapter 21.5(1)(j) Jeanne F. Schneider January 31, 2002 14