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6 17 02 Agenda with icons CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING MONDAY, JUNE 17, 2002 5:00 P.M. - DINNER - LIBRARY ROTUNDA 5;30 P,M. - SPECIAL MEETING - OWNER OCCUPIED AFFORDABLE HOUSING 6:30 P.M. - REGULAR MEETING LIBRARY AUDITORIUM INVOCATION Reverend Merlin Schlichting, Pastor, St. Peter Lutheran Church CONSENT ITEMS (See Pages 6-10) 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 Applicants are invited to address the Council to express their desire to serve on the following Boards/Commissions: Long Range Advisory Commission (Two 3-years terms to expire 7/1/05 - terms of Portzen and Rusk): Applicants: Michael E. Portzen, David Rusk Park and Recreation Commission (Two 3-year terms to expire 6~30~05 - terms of BIocklinger and Schrobilgen): Applicants: Robert J. Blocker, Tom Blocklinger, E~anita L. Galdick, Tom Schrobilgen Zoning Advisory Commission (Three 3-year terms to expire 7/1/05 - terms of Christ, Schlitz, Smith): Applicants: Martha E. Christ, Ferd Nesler, Richard J. Schiltz, ROn Smith Zoning Board of Adjustment (One 5-year term to expire 3~25~07 - term of Beeler) Applicant: William J. Felderman Appointments to the following Commissions: Electrical Code Board (Five 3-year terms/Five vacancies) Applicants: James Dixon, Dan Hammel, Kevin Pfohl, David A, Pregler, Elaine L; Reiss Environmental Stewardship Advisory Commission (One 1-year youth term) Applicant: Michael Hirsch PUBLIC HEARINGS SUSPEND THE RULES 1. University of Dubuque - Request to Rezone Proof of publication on notice of hearing to consider rezoning property located on the north side of U.S. Highway 20, 300 feet east of Devon Drive from PC Planned Cemmercial District te ID Institutional District te attew~onstruction ora new soccer field and parking lot 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 north of Dodge Street between Devon Drive and Collins Street from PUD Planned Unit Development District with a PC Planned Commercial Designation to ID Institutional District and approving an amended Conceptual Development Plan for the University of Dubuque Suggested Disposition: Receive and File; Motion B; Motion A Randy Davis - 840 Roosevelt Street - Request to Rezone (Tabled on 4/'15~02) Proof of publication on notice of hearing to consider rezoning property located at 840 Roosevelt Street from R-1 Single Family Residential District to CS Commercial Service and Wholesale District at the request of Randy Davis and Zoning Advisory Commission recommending denial. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying property located at 840 Roosevelt Street from R-1 Single Family Residential Distdct to CS Commercial Service and Wholesale District Suggested Disposition: Remove from Table; Receive and File; Concur with Denial o..[r Motion B; Motion A South Fork Sanitary Sewer. Phase III Connection Fees Proof of publication on notice of hearing to consider an ordinance to establish the South Fork Sanitary Sewer Project - Phase III schedule of connection fees and City Manager recommending approval. ORDINANCE Establishing a schedule of sewer connection fees for the connection of property to the South Fork Sanitary Sewer Project - Phase III Suggested Disposition: Receive and File; Motion B; Motion A Cable Franchise Lease Extension Proof of publication on notice of hearing and City Manager recommending that the existing cable services franchise and an existing hub site lease agreement with MCClowa, L.L.C. be extended to September 30, 2002. ORDINANCE Extending the term of the existing cable franchise agreement and hub site lease of MCClowa, L.L.C. to September 30, 2002 Suggested Disposition: Receive and File; Motion B; Motion A Dubuque County Historical Society Proof of publication on notice of hearing and City Manager recommending approval of the First Amendment to the Lease Agreement between the City of Dubuque and the Dubuque County Historical Society. RESOLUTION Disposing of an interest in real property by First Amendment to Lease Agreementwith the DubuqueCounty Historical Society Suggested Disposition: Receive and File; Adopt Resolution Woodward Museum Renovations 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 three of the six components for the Woodward Museum Renovations Project and that the remaining three components be rejected. RESOLUTION Adopting plans and specifications for the project RESOLUTION Awarding contract to Renaissance Restoration, Inc., Rafoth Sheet Metal, Inc., and Simplex Grinnell, Inc. Suggested Disposition: Receive and File; Adopt Resolutions REINSTATE THE RULES ACTIONITEMS Penalties for Tobacco Permit Holders Council consideration of assessing civil penalties against nine tobacco permit holders, and the appeals against the LiquOr Depot and McCann's IOCO to be tabled pending legal action. Suggested Disposition: Receive and File; Assess Penalties; Table Two Appeals 45 West 13th Street - Request for Demolition Permit Historic Preservation Commission recommending approval of a request from Dubuque Bank and Trust to demolish a structure located at 45 WeSt 13th Street to provide parking for the planned rehabilitation of the Bell Block and Zieprrecht Buildings (former Walsh Store). Communication from the State Historical Society of Iowa advising that the structure located at 45 West 13th Street does not possess architectural or historical attributes that would qualify it for listing in the National Register of Historic Places. Suggested Disposition: Receive and File; Approve Demolition 3 3. 1300 - 1322 Iowa Street - Request for Demolition Permit Historic Preservation Commission recommending approval of a request from Dubuque tBoan~and 3'rustto demolish a structure located at 1300- 1322 .rowa Street (True Value) provide parking for the planned rehabilitation of the Bell Block and Zieprrecht Buildings (former Walsh Store). Communication from the State Historical Society of Iowa advising that the structure located at 1300 - 1322 Iowa Street does not possess architectural or historical attributes that would qualify it for listing in the National Register of Historic Places. Suggested Disposition: Receive and File; Approve Demolition o Transmission Pole Relocation City Manager recommending approval of the relocation of a major lattice structure transmission pole to thirty feet north of its current location in the Port of Dubuque to allow construction of the Bell Street Extension and the reconstruction of Pine Street. Suggested Disposition: Receive and File; Approve Convention and Visitors Bureau Communication from the Convention and Visitors Bureau requesting that a second City Council Member be appointed to the Convention and Visitors Bureau Advisory Board. Suggested Disposition: Receive and File; Council Appointment COUNCIL MEMBER REPORTS ITEMS TO BE SET FOR PUBLIC HEARING 2002 Curb Ramp Installation - CDBG Project I City Manager recommending initiation of the bidding process for the 2002 Curb Ramp Installation - CDBG Project I and setting a public hearing for July 15, 2002. RESOLUTION Preliminary approval of plans and specifications RESOLUTION Fixing date of hearing on plans and specifications RESOLUTION Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 7/15/02 4 2002 Maintenance Dredging Project, Ice Harbor Flood Control Gate Structure City Manager recommending initiation of the bidding process for the Ice Harbor Flood Control Gate Structure - 2002 Maintenance Dredging Project and setting a public hearing for July 15, 2002. RESOLUTION Preliminary approval of plans and specifications RESOLUTION Fi×in~ date of~hearing on p]~n~ ~fid~pecification§ RESOLUTION Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 7/15/02 Heritage Trail Extension Project City Manager recommending initiation of the bidding process for the Heritage Trail Extension Project and setting a public hearing on the plans and specifications for July 15, 2002, RESOLUTION Preliminary approval of plans and specifications RESOLUTION Fixing date of hearing on plans and specifications RESOLUTION Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 7/15/02 Bell Street and Fifth Street Construction Project City Manager recommending initiation of the bidding process for the Bell Street and Fifth Street Construction Project and setting a public hearing for July 15, 2002. RESOLUTION Preliminary approval of plans and specifications RESOLUTION Fixing date of hearing on plans and specifications RESOLUTION Ordedng bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 7/15/O2 Jackson Street and West Locust Street Resurfacing Project City Manager recommending initiation of the bidding process for the Jackson Street and West Locust Street Resurfacing Project and setting a public hearing for July 15, 2002. RESOLUTION Preliminary approval of plans and specifications RESOLUTION Fixing date of hearing on plans and specifications RESOLUTION Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 7/15/02 5 Sale of City Lots - Napier Street City Manager recommending that a public hearing be set for July 1, 2002 to consider a request from Robed J. Cartmill and Glenn and Georgia Bankson to purchase Lots 138 and 139 of Mechanic's Addition on the north side of Napier Street. RESOLUTION of Intent to dispose of City interest in Lots 138 and 139 of Mechanic's Addition RESOLUTION Approving a plat of easement for storm and sanitary sewers across Lot 138 and Lot 139 of Mechanic's Addition in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 711102 CONSENT ITEMS Minutes Submitted City Council of 6/3 and 6/10; Civil Service of 5/8; Electrical Code Board of 5/20; Historic Preservation Commission of 5/16; Mechanical Board of 5/23; Park and Recreation Commission of 5/14; Zoning Board of Adjustment of 5/23 Proofs of publication of City Council Proceedings for May 6 and 20, 2002; and List of Claims and Summary of Revenues for month ending April 30, 2002. Finance Director submitting the City of Dubuque Financial Reports for the month ending May 31, 2002. Suggested Disposition: Receive and File Notice of Claims/Suits Robert Clement in estimated amount of $145.03 for vehicle damage; Cottingham and Butler in estimated amount of $89.95 for vehicle damage; Jason Duehr in estimated amount of $3,600 for vehicle damage; Nell Kelley in estimated amount of $10,000 for property damage; Nell Nelson in estimated amount of $15,000 for personal injury; Dubuque Bank and Trust vs. Richard White, City of Dubuque, Housing Services Department, Dupaco Community Credit Union, Appliance Furniture Rent All and State of Iowa 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: Cottingham and Butler (for Jeanne Heinzelman) for personal injury; Jason Duehr for vehicle damage; and Nell E. Kelley for property damage. Corporation Counsel recommending settlement of the claim of Madssa Schultz in the amount of $511.40 for vehicle damage and directing the Finance Director to issue payment. Corporation Counsel recommending that the claim of Cindy Frommelt for vehicle damage be forwarded to Portzen Construction. Suggested Disposition: Receive and File; Concur; Finance Director to Issue Check 6 Citizen Communications a) Communication from Brian J, Kane expressing appreciation for the City's efforts in controlling storm water in the Admiral Street area. b) Communication from a north-end citizen regarding street repair projects in the City. c) Communication fromMary Sack, 1700 Key Way Ddve, regarding the intersection of Keyway and Pennsylvania. d) Communication from Ken Kringle, Bluff Street Neighborhood President, requesting permission to install ornamental historic lighting between First, Second and Bluff Streets (drawing included as hard copy). Suggested Disposition: Receive and File; Refer to City Manager Civil Service Commission Civil Service Commission submitting the certified list for the positions of Medical Officer and Police Officer. Suggested Disposition: Receive and File; Make a Matter of Record 895 West 32nd Street - Acceptance of Deed Corporation Counsel recommending that the City accept the deed for property located at 895 West 32nd for the West 32nd Street Detention Basin Improvement Project. RESOLUTION Accepting the deed to certain real estate in Dubuque County, Iowa from Karen E. Maury Suggested Disposition: Receive and File; Adopt Resolution Tobacco Compliance - Cops in Shops City Manager recommending approval of a 28E Agreement between the Police Department and the Iowa Alcoholic Beverages Division for the Cops in Shops program. Suggested Disposition: Receive and File; Approve Fiscal Year 2003 Annual Action Plan City Manager recommending approval of a proposed change to the City's Community Development Block Grant Fiscal Year 2003 Annual Action Plan to provide additional funding for the Washington Neighborhood Tool Library. RESOLUTION Approving Amendment #1 to the Fiscal Year 2003 (Program Year 2002) Annuat Action Plan for Community Development Block Grant Funds Suggested Disposition: Receive and File; Adopt Resolution 7 10. 11. 12. 13. Purchase of Service Agreement - Operation: New View Community Action Agency for Washington Neighborhood Tool Library City Manager recommending approval of a Pumhase of Service Agreement with Operation: New View Community Action Agency for operation of the Washington Neighborhood Tool Library. Suggested Disposifiom Receive andFile; Approve Vista Heights 2nd Addition - Final Plat Zoning Advisory Commission recommending approval of the final plat of Vista Heights 2nd Addition in Dubuque County as requested by Frank and Marilyn Ehrlich and Donald Skeiton. RESOLUTION Approving the final plat of Vista Heights 2nd Addition in Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution Harbor View Place - Certificate of Completion City Manager recommending issuance of a Certificate of Completion to Harbor View DeYelopment LLC, the Developer of the Harbor View Place Project at 300 Main Street. Suggested Disposition: Receive and File; Approve Request for Qualifications - Brewery Property City Manager recommending approval of the issuance of a Request for Qualifications to solicit qualified developers or development teams for the redevelopment of the former Dubuque Star Brewery Building in the Port of Dubuque. Suggested Disposition: Receive and File; Approve Bell and Fifth Streets - Iowa Department of Transportation Agreement City Manager recommending approval of an agreement between the City of Dubuque and the Iowa Department of Transportation (IDOT) for financial assistance relating to the construction, landscaping, and amenities of Bell Street and Fifth Street. RESOLUTION Approving the agreement between the City of Dubuque and the Iowa Department of Transportation for the Bell Street and Fifth Street Construction Suggested Disposition: Receive and File; Adopt Resolution Jackson and Locust Streets - Iowa Department of Transportation Agreement City Manager recommending approval of an agreement between the City of Dubuque and the Iowa Department of Transportation (IDOT) for financial assistance relating to the resurfacing of Jackson Street and West Locust Street. RESOLUTION Approving the agreement between the City of Dubuque and the Iowa Department of Transportation for the Jackson Street and West Locust Street resurfacing Suggested Disposition: Receive and File; Adopt Resolution 8 14. 2002 Local Law Enforcement Block Grant Application City Manager recommending approval of the 2002 Local Law Enforcement Block Grant application to the Bureau of Justice Assistance. Suggested Disposition: Receive and File; Approve 15. City of Dubuque Representation Communication from Corporation Counsel regarding the issue of conflict of interest and the City's legal representation. Suggested Disposition: Receive and File; Council Direction 16. Iowa Utilities Board Communication of City Manager Michael C. Van Milligen to the Iowa Utilities Board regarding the electric rate increase request of Interstate Power and Light Company (Alliant Energy Company). Suggested Disposition: Receive and File 17. City Manager Employment Agreement Submittal of the Tenth Amendment to the City Manager's Employment Agreement for approval. Suggested Disposition: Receive and File; Approve 18. Dubuque County Historical Society Communication from the Dubuque County Historical Society requesting that the City sponsor a grant application to the National Scenic Byways Program in the amount of $475,500 to improve the exhibits at the Fred W. Woodward Riverboat Museum. Suggested Disposition: Receive and File; Approve 19. Aquila Communication from Marvin Oppedal, Director of Community Relations for Aquila, advising of a rate increase request filed on June 3, 2002 with the Iowa Utilities Board. Suggested Disposition: Receive and File 20. Business Licenses RESOLUTION Granting the issuance of eight renewal permits to sell cigarettes and cigarette papers within the City RESOLUTION Granting the issuance of a Class "B" Beer Permit to Pizza Hut (2075 John F. Kennedy Road and 320 East 20th Street); Class "C" Beer Permit to Kwik Stop Food Mart (1401 Central); and Class "B" Special Event 5-Day Event Permit to Dubuque Jaycees RESOLUTION Granting issuance of a Class "C' Beer/Liquor License to Fischer Lanes, B'Z Dart Inn, Paul's Tavern, American Legion #6, and Knicker's Saloon; and Class "B" Wine Permit to Ooh La La Suggested Disposition: Adopt Resolutions 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 cleady. 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. Jeanne F. Schneider June 13, 2002 10