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5 20 02 Agenda with iconsReverend Way! CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING MONDAY, MAY 20, 2002 6:30 P.M. LIBRARY AUDITORIUM INVOCATION ~e A. Ressler, Pastor of Nativity Catholic Church CONSENT ITEMS (See Pages 8 - 15) The consent agenda items ar items will be normally voted u particular item. If you would I microphone and be recognize the Consent Agenda for sepa Interviews for the following C( Civil Service Commission Applicant: Loras Kluesner Investment Oversight Corr Applicant: Charles Spielma~ Board List ~ considered to be routine and non-controversial and all consent pon in a single motion without any separate discussion on a ke to discuss one of the Consent Items, please go to the d by the Mayor and state the item you would like removed from 'ate discussion and consideration. BOARDS/COMMISSIONS ~mmissions: :)ne four year term to expire 416106 - Kluesner) nission (One term to expire 7/1/05 - Spielman) Overview Civil Service App Investment App PUBLIC HEARINGS SUSPEND THE RULES Callahan Construction - Request to Rezone and Voluntary Annexation Proof of publication oh notice of hearing to consider rezoning property located on Seippel Road from County R-2 to City R-2 Two-Family Residentia D strict, R-4 Multi- Family Residential DiStrict, and CS Commercial Service and Wholesale DistriCt in conjunction with anne cation and Zoning Advisory Commission recommending approval. Zoning Advisory Com 'nission recommending approval of the preliminary plat of Callahan Subdivision Nith conditions and subject to annexation. City Manager recomrr ending approval of the annexation and certain components of the request for assistance to build owner occupied affordable housing. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances qy reclassifying hereinafter described property located at 13000 block of Seippel Road from Dubuque County R-2 Rural Residential to City of Dubuque R-2 Two-Family Resic ential District, R-4 Multi-Family Residential District and CS Commercial Service nd Wholesale District, concurrent with annexation RESOLUTION Anne Suggested Dispositi ng certain territory to the City of Dubuque )n: Receive and File; Motion B; Motion A; Adopt Resolution Rezoning - ZAC Ltr Rezonin( - Staff Rezoning - Plat - ZAC Ltr Re~ )rt Ordinance Annexation - NVM ~nexation - Staff Memo Callahan - Letters Plat Application Suggested Notion Plat - Staff Report Annexation - CaIlahan Application Callahan Exhibit A Resolution / Education and Conference Center- Bid Package #1 Proofs of publication Un notice of hearing on plans and specifications, and notice to bidders on the receip~of bids, and City Manager recommending award of the contract for the Education and Conference Center- Bid Package #1 Project to Kraemer Brothers in the amount of $1,597,000. RESOLUTION Adopting plans and specifications for the project RESOLUTION Award ng contract to Kraemer Brothers 2 Suggested Disposition: Receive and File; Adopt Resolutions Award - MVM Memo Arward - Staff Memo Plans - Resolution Award - Resolution REINSTATE THE RULES ACTION ITEMS Stormwater RFP Consultant Selection City Manager recommending that the team of Camp Dresser & McKee, working with WHKS & Company, ~e retained to formulate and assist in the implementation of the Stormwater Utility for :he City of Dubuque. Suggested Disposition: Receive and File; Approve Consultant - MVM Memo Southern Hills Subc :onsultant - Staff RFP Analysis Form Memo vision III - Final Plat City Manager recommending approval of the final plat of Lots 1 - 25, inclusive, of Block 1 and Lot A of South~m Hills Subdivision III. RESOLUTION Appre~/ing the final plat of Lots 1 - 25, inclusive, of Block 1 and Lot A of Southern Hills SubdiVision III in Dubuque County, Iowa / Suggested Disposition: Receive and File; Adopt Resolution / Southern Hills - MVIv S?uthern Hills - Staff Southern Hills - Staff Southern Hills - Memo Memo Report Resolution Southern Hills - App ~outhern Hills - Plat / Purchase of Real Es~tate for Stormwater Detention City Manager recommending~ approval of the purchase of a home located on West 3,2ndnd Street for $99,000 and that the property be utilized as part of the expansion of the 32 Street Detention Cell. Suggested Disposition: Receive and File; Approve Purchase - MVM Purchase - Staff Purchase - Map Memo Memo Code of Ordinances City Manager recomm to Town Clock Plaza i~ ORDINANCE Repeali certain rights-of-way '" Ordinances by repeali by amending Section overhead conductor s Town Clock Plaza; by certain uses of Town ( prohibiting certain non deleting the reference Town Clock Plaza fror Suggested Dispositi~ Town Clock - MVM Memo Interstate Power and City Manager requesti~ Dubuque in the Interst community's interests Suggested Dispositi¢ Rate - MVM Memo Mississippi Valley Trl City Manager recomm~ commencement of nec - Town Clock Plaza ending changes to the Code of Ordinances to delete references ~ various sections of the Code. lg Ordinance No. 37-71 Designating and naming portions of 'own Clock Plaza"; amending the City of Dubuque Code of lg Section 9-19 Prohibiting riding a bicycle in Town Clock Plaza; 8-2 225-26 Prohibiting the use of live vegetation for support of )ans except in Town Clock Plaza by deleting the reference to repealing Chapter 31 Article VII Town Clock Plaza prohibiting ;lock Plaza without a lease; by amending Section 32-250(a) 'notorized vehicles in Town Clock Plaza and other places by to Town Clock Plaza; and by repealing Section 35-27 exempting the requirement for certain business licenses n: Receive and File; Motion B; MotiOn A own Clock - BAL Town Clock Ordinance Changes Suggested MoUon Memo Ordinance Light Company Rate Case ~g authorization to hire legal counsel to represent the City of )te Power and Light Company rate case to ensure that the ~re represented. ~n: Receive and File; Approve Rate Material RESOLUTION Establl ;hing Fair Market Value for the acquisition of certain owned by Mississippi Valley Truck Center, Inc. Suggested DispositiOn: Receive and File; Adopt Resolution ~ck Center, Inc. ;nding approval of the establishment of the fair market value and otiations for property in the Port of Dubuque. real property 4 Mississippi Valley - Property - Resolution Mississippi Valley - Mississippi Valley - MVM Memo Staff Memo Maps Dubuque Area Chamber of Commerce - Purchase of Service Agreement City Manager recommending approval of a Purchase of Service Agreement with the Dubuque Area Chamber of Commerce Convention and Visitors Bureau for Fiscal Year 2003 in the amount of $475,756 and to provide greater City Council involvement in review of the marketing plan and budgeting process for the use of these City funds. Suggested Disposition: Receive and File; Approve CVB - MVM Memo .'VB - Staff Memo CVB AGreement Fourth Street Parking Ramp Rate Increase City Manager recommending approval of the parking rate fees for both parking and hourly rates for the Fourth Street Parking Ramp. monthly contract Suggested Disposition: Receive and File,--Approve Fees - MVM Memo Iees- Staff Memo / Community artnership (cp2) Program - Fiscal Year 2003 Recommendation City Manager recomr~ending approval of the allocation of Fiscal Year 2003 Community Partnership Program funds to the Gannon Center ($18,500), Hillcrest Family Services ($50,000), Northeast Iowa School of Music ($1Z,305) and Scenic ValleY Agency on Aging ($20,000). RESOLUTION Authorizing the award of Community Partnership Program (cp2) Funds for Fiscal Year 2003 ! Suggested DispositiOn: Receive and File; Adopt Resolution cp2 - MVM Memo ~:p2 - Staff Memo cp2 - Summary 5 10. 11. MWF Properties/Felderman Business Partnership - Amend PUD (First Reading on 4/15/02; Second Reading on 5/6/02) ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances I~y amending the Conceptual Development Plan for property located at the end of I~aven Oaks Drive and currently zoned PUD Planned Unit Development District With a PR Planned Residential Designation Communication from Bob Felderman, Continental Realty & Felderman Appraisals, in support of the propos~ Communication from I Properties and Felder Oaks Drive. Petitions in opposition Suggested Dispositi, Felderman Lb Raven Oa Lt~ Raven Oaks - Raven Oak., Ordinance Raven Oaks - Raven ( Objections Suppor Expansion of Parkin( on 5~6~02) ORDINANCE Amendil establishing the Munic from Main Street to Lo Ninth Street Suggested Dispositi¢ Meters - MVM Memo ~d project. )ominic Goodmann II1, in support of the application of MWF nan Business Partnership to amend the PUD District on Raven to the proposed rezoning. )n: Receive and File; Motion A (Final Reading) ~ - ZAC Raven Oaks - Staff Report ;ire Plan Raven Oaks - Drawing Raven Oaks - Staff Memo Raven Oaks - Map Raven Oaks - Notes aks - Suggested Motion Ltrs Meter District on 8th Street and Main Street (First Reading ~g Section 32-336 of the City of Dubuque Code of Ordinances, pal Parking Meter District by adding both sides of Eighth Street ;ust Street and both sides of Main Street from Fifth Street to n: Receive and File; Motion B; Motion A Meters - Staff Memo Meters - Ordinance Parking Plan Suggested Motion COUNCIL MEMBER REPORTS 6 ITEMS TO BE SET FOR PUBLIC HEARING Loras College - Request to Vacate City Manager recommending that a public hearing be set for June 3, 2002 to consider a request from Loras C~llege to vacate Helena Street and a portion of Henion Street. ~eE~oOnL,~tTrlEOetN Appro~,ing| plat of proposed vacated Helena Street and a portion of ORDINANCE Vacatir~g Helena Street and a portion of Henion Street RESOLUTION of Inte Subdivision in the Cit Suggested Disposit Public Hearing 6~3~0; it to dispose of City interest in Lots lA and 2A of Hodgdon's of Dubuque, Iowa ~n: Receive and File; Adopt Resolutions Motion B; Motion A; Loras - MVM Memo Loras - Staff Memo Resolution #1 Ordinance Resolution #2 Loras - Exhibit Request Ltr Loras - Plat Suggested MoLion South Fork Phase III - Acceptance and Connection Fees City Manager recommending acceptance of the South Fork Sanitary Sewer Extension Project - Phase III in l~he final contract amount of $613,467.99 and that a public hearing be set for June 17, 20p2 on the establishment of connection fees. RESOLUTION Accepting the public improvement to the South Fork Sanitary Sewer Project- Phase II1 RESOLUTION Approving final cost of the improvement to the South Fork Sanitary Sewer Project- Phase III RESOLUTION Providing for notice of the date, time and place of a pub c hearing on an ordinance establish ng the South Fork Sanitary Sewer Project Phase III and a schedule of connection fees Suggested DispositiOn: Receive and File; Adopt Resolutions; Public Hearing 6/17/02 Sou~ Fork - HVM South Fork - Staff ResoluUon #1 ResoluUon #2 ResofuUon #3 Connection Fees Memo Memo CONSENTITEMS Minutes Submitted Airport Commission of 4/29; City CoUncil of 5/6; Civil Service Commission of 4/26; Housing Commission~ of 4/23; Human Rights CommissiOn of 4/8; Investment Oversight Advisory CommissiorI of 5/8; Park and Recreation Commission of 4/9; Plumbing Board of 5/2; Transit Board ef 4/18; Zoning Advisory Commission of 5/1; Zoning Board of Adjustment of 4/25 ' Printed City Council Proceedings for January, 2002 Finance Director submitting the Financial Reports for the month ending April 30, 2002 Investment Oversight Commission submitting the 36th Quarterly Report Proof of publication of City Council Proceedings of 4/15/02; Proof of publication of List of Claims and Summ~ ry of Revenues for the month ending March, 2002 )n: Receive and File; Approve as Printed Suggested Dispositi Airport Cou Park and Eec Plum Proceedings Civil Service Housing Human Rights IOAC Notice of Claims/Sui~ John Kivlahan in estirr Dubuque and the City the City of Dubuque a~ lg Bd Transit Zoning Advisory ZBA Quarterly Report ~ted amount of $262.50; The Adams Company vs. the City of Council of the City of Dubuque; Dodds River Terminal, et al, vs. ,id the City Council of the City of Dubuque Suggested Dispositi~)n: Receive and File; Refer to Legal for Investigation/Report Corporation Counsel ~dvising that the follow ng claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa communities Assurance Pool: Jerry Turner for property damage ' Corporation Counsel commena~ng approva of the claim of Darlene Millard in the amount of $485.04 for vehicle damage and Finance Director to issue payment. Suggested Disposition: Receive and File; Concur; Finance to Issue Payment Adams Lawsuit Dcdds Lawsuit Claim - 1CAP Claim - Set~led Citizen Communications Communication from Robed Byrne and Cynthia Nelms-Bryne, The Main Gallery and Studio, registering their objection to Mr. John Finn's request to have a permanent right to expand outside the! Busted Lift. Communication from ~ohn Finn in support of his request to have an outdoor patio at The Busted Lift and r~sponding to concerns from neighbors. Suggested DispositiOn: Receive and File; Refer to City Manager Byrne Ltr Fint Ltr U.S. Department of Housing and Urban Development communication from {he U.S. Department of Housing and Urban Development advising that the City has been approved for a special project grant for Fiscal Year 2002. Communication from Ne U.S. Department of Housing and Urban Development regarding the on-site ~=view of the City's Community Development Block Grant Program. Suggested Disposifi >n: Receive and File HUD - Grant Ltr IUD ~ Review Ltr State Historical Soci ;ty of Iowa Communication from 3e State Historical Society of Iowa advising that The Grand Opera House will be considei'ed by the State National Register Nominations Review Committee for nomination to the National Register of Historic Places. Suggested Disposition: Receive and File I Historical Societ7 Ltr 9 Iowa Governor's Traffic Safety Bureau Grant City Manager recommending approval of the submission of a grant application to the Iowa Governor's Traffic Safety Bureau in the amount of $19,640. Suggested Disposition: Receive and File; Approve Governor - MVM Governor - Staff Memo Memo Surface Transportati Communication of Cit Board (STB) urging th Railroad (DME) and t~ regulatory process Suggested DispositiOn: MVM Letter on Board Manager Michael C. Van Milligen to the Surface Transportat on at the potential merger of the Dakota Minnesota and Eastern ~e I & M Rail Link be viewed as significant and engage a full en an application is submitted. Receive and File; Approve Dubuque Industrial Center - Plat City Manager recommending that the title of the Final Plat of Lots H, I & J of Dubuque Industrial Center Wes! be corrected to read "Lots H, I & J of Dubuque Industrial Center West Third Addition" as requested by the Dubuque County Auditor's Office to avoid duplicate subdivision lames. RESOLUTION Changing the name of final plat of Lots H, I and J of Dubuque Industrial Center West in the Cit~' of Dubuque, Iowa Suggested Dispositi, DION - MVM Memo in: Receive and File; Adopt Resolution D~[CW - Staff Memo DICW - Resolution DION Plat Patricia Ann Drive - Acceptance of Public Improvements City Manager recommiending acceptance of the public improvements completed by the developer, Floyd S. Gudenkauf, in Patricia Ann Acres. RESOLUTION Accepting improvements in Patricia Ann Acres Suggested Disposition: Receive and File; Adopt Resolution 10 10. Patdcia Ann - MVM Patricia Ann - Staff Patricia Ann Patricia Ann Map Memo Memo Resolution Iowa Department of Transportation - Woodward Museum City Manager recommending approval of a Supplementary Agreement with the Iowa Department of Transportation for the Woodward Museum (Freight Housel Restoration Project. RESOLUTION Authorizing a Supplemental Agreement with the Iowa Department of Transportation for the Woodward Museum (Freight House) Restoration Project Suggested DispositiOn: Receive and File; Adopt Resolution tDOT - MVM Memo IDOT - Staff Memo IDOT - Resolution IDOT Agreement 11. Northwest Arterial - IDOT Agreement City Manager recommending approval of a Pre-construction Agreement with the Iowa Department of Transportation relating to the construction of Iowa 32 (Northwest Arterial) from John F. Kennedy Road to US 52. RESOLUTION ApproVing Pre-Construction Agreement No. 99-4-095C with the Iowa Department of Transportation relating to the construction of owa 32 (Northwest Arterial) from John F. Kenned~Road to US 52 / Suggested Dispositipn: Receive and File; Adopt Resolution IDOT - MVM Memo IbOT - Staff Memo IDOT - Resolution 12. Harvest Business Center- Final Plat (Street Renaming) City Manager recommending approval of the final plat of Harvest Bus~ness Center (previously approved bn March 18, 2002) as the developer has requested that the original street name o~ Commerce Court be renamed to Meinen Court. RESOLUTION Rescinding Resolution No. 169-02 and reaffirming the final plat of Harvest Business Center, in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution Harvest-MVM Memo Harvest - Staff Harvest - Resolution Harvest-Request Harvest - Plat Memo t3. Fiscal Year 2003 Community Development Block Grant Program City Manager recommending authorization of the publication of a Combined Notice of No Significant Impact on the Environment and Notice of Intent to Request Release of Funds for Community iDevelopment Block Grant activities. RESOLUTION Authorizing publication of the Combined Notice of No Significant Impact on the Environment and Notice of Intent to Request Release of Funds for certain Community Developm~ent Block Grant projects for Fiscal Year 2003 (Program Year 2002) Suggested Disposition: Receive and File; Adopt Resolution CDBG - MVM Memo C[ BG - SLaff Memo CDBG - Resolution Exhibit A 14. 15. 16, Project Concern - Fi= City Manager recomm Purchase of Service A Suggested Disposifi( ;cai Year 2002 Amendment .~nding approval of an amendment to the Fiscal Year 2002 ~reement with Project Concern. n: Receive and File; Approve Amendment ProjeCtMvMConcernMemo - Pr~j ConcernMemo ' Staff Amendment Lead Based Paint Ha Communication from ti recommending suppor 2003, 2004 and 2005 Suggested Dispositi¢ CDAC Letter Architectural Design The Histodc Preservat Guidelines for Histori( .,ard Reduction Grant ~e Community Development Advisory Commission for the allocation of $60,000 of CDBG fUnds for Fiscal Years 3r the Lead Based Paint Hazard Reduction Program. ,n: Receive and File Guidelines on Commission recommending approval of the Architectural . Structures. Suggested DispositiOn: Receive and File; Approve NOTE: This agenda item is included as hard copy. 12 i7. Easement Agreement for Recreational Trail City Manager recommending approval of an easement agreement with Interstate Power and Light Company for the City to construct a recreational trail on their property. Suggested Disposition: Receive and File; Approve Trail - MVM Memo Trail - Staff Memo Trail - Agreement Trails - Map 18. Quebecor Enterpris( City Manager recomrr Department of Econol Quebecor's expansior RESOLUTION Appro, Department of Econor Dubuque, Incorporate Suggested Dispositi Quebecor- MVM Memo 19. McGraw Hill - Certif 20. Zone Agreement ending approval of an Enterprise Zone Agreement with the Iowa nic Development for Quebecor World Dubuque, Inc. related to on Kerper Boulevard. 'lng an Enterprise Zone Agreement by and among the Iowa nic Development, the City of Dubuque and Quebecor World ReCeive and File; Adopt Resolution uebecor - Staff Quebecor - Quebecor Memo Resolution Agreement :ate of Completion City Manager recomm ending the issuance of a Certificate of Completion to the developer of the McGraw-Hill project acknowledging achievement of their obligation to complete minimum im!provements as stipulated in the Development Agreement. Suggested DispositiOn: Receive and File; Approve McGraw - MVM Mem~ i McGraw - Staff McGraw - Certificate Certifications Memo Giese Manufacturing City Manager recomm Agreement with Giese construction of a 28,5( Company Development Agreement 9nding approval of a minor change in the Development Manufacturing Company previously approved by Council for ~0 square foot facility rather than a 30,000 square foot facility. SUggested Disposition: Receive and File; Approve Giese - MVM Memo Giese - Staff Memo Giese Lb' 13 21. Old Highway 20 Water Main Extension Project City Manager requesting authorization to offer up to a maximum $10,000 eady completion bonus for the Old Highway 20 Water Main Extension Project to ensure the project is finished prior to the Dubuque County Fair. Suggested Disposition: Receive and File; Approve Water Main - MVM Memo 22. Lease Amendment City Manager recommending City Council approval of an agreement in the Ice Harbor between the Dubuque County Historical Society and Peninsula Gaming Company, LLC. Suggested Disposition: Receive and File; Approve (The material for thi~ item will be delivered as hard copy on Friday.) 23. Government Finance Officers Association City Manager advising that the City's Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2001 has qualified for a Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association (GFOA). Suggested Disposition: Receive and File GFOA - MVM Memo GFOA L[r 24. 25. Colts Drum and Bugle Corps Request of the Colts Drum and Bugle Corps to transfer their liquor license to Eagle Point Park on June 8, 2002. Suggested Disposition: Receive an d File; Approve Business License Refund Request of Chi-Chi's for a refund of the beer and liquor license in the amount of $633.75. Suggested Disposition: Receive and File; Approve Refund 14 26. Business Licenses RESOLUTION Granting the issuance of forty-four renewal permits to sell cigarettes and cigarette papers within the City RESOLUTION Granting the issuance of a Class "B" Beer Permit (5-Day Special Event) to Catfish Festival RESOLUTION Granting issuance of a Class "A" (Club) Liquor license to Dubuque Golf and Country Club and a Class "C" Beer/Liquor License to Breaktime Bar & Gdll; Tott's Tap; Underground, B~icktown, and Stonewall; and Jake's Suggested Dispositi~on: Adopt Resolutions Resolution #! i Resolution #2 Resolution #3 PUBLIC INPUT At this time, anyone in the C~uncil Chambers may address the Council on matters which are of concern to that person and v~hich 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 Op~gn Meetings Law. CLOSED SESSION Property Acquisition - Chapter 21.5(1 )(j) 2001 Code of Iowa Jeanne F. Schneider May 16, 2002 15