Loading...
8 5 02 Agenda with iconsCITY OF DUBUQUE, IOWA CITY COUNCIL MEETING MONDAY, AUGUST 5, 2002 6:30 P.M. LIBRARY AUDITORIUM INVOCATION Sister Joy Peterson, President of the Sisters of the Presentation PROCLAMATIONS Responsible Gaming Education Week (August 5 - 9, 2002) United Way Campaign Time (August 12 - October 31, 2002) Gaming Week United Way CONSENT ITEMS (See Pages 10- 16) 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 regarding their desire to serve on the following Commissions: Environmental Stewardship Advisory Commission (One vacant 3-year term to expire 10/1/03) Applicant: Andrea Bixler Historic Preservation Commission ~[~hree 3-year unexpired terms) Applicant: John E. Whalen (West 1 lU' District) Housing Commission (Three 3-year terms to expire 8117105 - Neustadt, Swift, Vacant) Applicant: Harry Neustadt Appointments to the following Board: Transit Board of Trustees (Three 3-year terms of Enderson, Lightcap, and Sand to expire 7130105) Applicants: George O. Enderson, Joel Lightcap, Michael W. Sand Bd a~ Corem IJst: Overvie,v Sheet ESAC Applica~ HPC Appl~car~ Housing Applicant Transit Applications PUBLIC HEARINGS SUSPEND THE RULES Vacating Petition - Portion of 12th Street Proof of publication on notice of hearing and City Manager recommending that the City dispose of interest in a portion of City-owned property at 12th Street west of Bluff Street to Greg and Peggy Stover for the amount of $943.68, plus publication and filing fees. RESOLUTION Disposing of City interest in Lot 760A and Lot 776B of McDaniers Subdivision, Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution Vacabe - MVM Memo Vacate - Staff Memo Vacate - Resolution Items from July t5, 2002 Meeting Vacate - MVM Memo Var. abe - Staff Memo Resolution #1 Ordinance Resolution ~2 Vacate - Map Vacate - Plat Background Suggested Motion Information = Wayne and Lynn Stewart- Rezoning Request Proof of publication on notice of hearing to consider rezoning property located at 8000 Old Highway Road from R-1 Single-Family Residential District to CS Co..,.ercial Service and Wholesale District and Zoning Advisory Commission recommending denial of the request. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 8000 Old Highway Road from R-1 Single-Family Residential District to CS Commemial Service and Wholesale Distdct Suggested Disposition: Receive and File; Concur with Denial; o._[r Motion B; Motion A (Super Majority Vote Needed) CS Rezoning - ZAC CS Re. zoning - CS Rezoning - Staff CS Re~oning - Map Ltr Ordinance Repod: 2 w CS Rezoning - CS Rezoning ~ CS Rezoning - ApplicaUon Regulations Background Info Wayne and Lynn Stewart Rezoning Request Concurrent with Annexation Proof of publication on notice of hearing to consider rezoning property located along Highway Road from County M-1 Industrial (with conditions) to City LI Light Industrial District at the request of Wayne and Lynn Stewart and Zoning Advisory Commission recommending denial of the request. Proof of publication on notice of hearing to consider a voluntary annexation request of Wayne and Lynn Stewart in conjunction with rezoning and City Manager recommending approval of the voluntary anneXation. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located along Old Highway Road from Dubuque County M-1 Industrial with conditions to City of Dubuque LI Light Industrial District, concurrent with annexation RESOLUTION Annexing certain property Suggested Disposition: Receive and File; Concur with Denial; o_~r Motion B; Motion A (Super Majority Vote Needed); Adopt Resolution L[ Rezoning - ZAC Lti L[ Re. zoning Lt Re. zoning - Staff L1 Rezoning - ~lap Ordinance Report L[ Rezoning - L.[ Rezoning - LT Rezoning - Application Reguia~ons Background Annexation - MVM Annexation - Staff Annexation - Annexation - Staff Memo Memo Resolution Report Annexation - Map Annexation - Reques~ Material from July 15, 2002 Meeting Stewa~ - MVM Memo Stewar~ - Staff Stewar~ - Exhibit A Memo 3 University of Dubuque - Rezoning Request Proof of publication on notice of hearing to consider rezoning property located at 441 McCormick Street from R-1 Single-Family Residential Distdct to ID Institutional Distdct at the request of the University of Dubuque and Zoning Advisory Commission recommending approval of the request. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 441 McCormick Street from R-1 Single-Family Residential District to ID Institutional Distdct Suggested Disposition: Receive and File; Motion B; Motion A UD - ZAC Ltr UD Ordinance UD - Staff P, epo~ UD - Nap UD - Application UD - Drawings Lamar Advertising - Off Premise Signs Text Amendment Proof of publication on notice of hearing to consider a request from Jim Schumacher, Lamar Advertising, to amend the Zoning Ordinance regarding off-premises signs and Zoning Advisory Commission recommending denial. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by repealing Section 4-3.2(39) Definition of Off-Premise Signs and adopting a new Section 4-3.2(39) Definition of Off-Premise Signs in lieu thereof Suggested Disposition: Receive and File; Concur with Denial; o.~r Motion B; Motion A (Super Majority Vote Nccded) Lamar - ZAC L~' Lamar - Ordinance Lamar - Staff Memo Lamar - Application Wartburg Place 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 award of the contract to Portzen Construction, Inc., in the amount of $464,434.43. RESOLUTION Adopting plans and specifications for the project RESOLUTION Awarding contract to Portzen Construction RESOLUTION With respect to the adoption of the Resolution of Necessity proposed for the Wartburg Reconstruction Project . Suggested Disposition: Receive and File; Adopt Resolutions 4 Wartburg - MVM Wart:burg - Staff Wartburg - Adopt Wartburg ~ Award Memo Memo Specs Resolution Resolu'don Resolution of Wart:burg Map Wartburg - Bid Tab Necessity = Items from July 1, 2002 Meeting Wart;burg - NVM BAL Letter Wartburg - Scarf Waratburg - Wartburg Wadrburg - Map Memo Memo Resolutions Assessment~ Local Law Enforcement Block Grant Funds Proof of publication on notice of hearing and City Manager recommending acceptance of the 2002 Local Law Enforcement Block Grant Funds. Suggested Disposition: Receive and File; Approve Grant - MVM Memo Grant - St~'f Memo REINSTATE THE RULES ACTION ITEMS ArTS Dubuque Representatives of ArTS Dubuque, a cooperative effort of the Dubuque Museum of Art, Dubuque Symphony Omhestra and the Grand Opera House, to address the Council to encourage the City to include arts and cultural organizations in the 2003 - 2004 top ten priorities to be set at the City Council's goal setting in August. Suggested Disposition: Receive and File ArTS Dubuque Ltr = Ken Kringle Historic Preservation Award Historic Preservation Commission recommending approval of the creation of a Ken Kringle Historic Preservation Award to promote the preservation of historic buildings and architectural resources in the community. RESOLUTION Approving the creation of the Ken Kringle Historic Preservation Award 5 Suggested Disposition: Receive and File; Adopt Resolution Kdngle - HPC LiT Kdngle - Resolution Woodward Museum - 2002 Renovations Project City Manager recommending award of the six construction contracts associated with the Woodward Museum - 2002 renovations project. RESOLUTION Adopting plans and specifications RESOLUTION Awarding RESOLUTION Awarding RESOLUTION Awarding RESOLUTION Awarding RESOLUTION Awarding RESOLUTION Awarding Suggested Disposition: Woodward - HVM Woodward - Staff Memo Memo Contract #1 (Masonry Tuckpointing) Contract #2 (Roof, Gutters and Downspouts) Contract #3 (Carpentry) Contract ~ (HVAC) Contract #5 (Plumbing and Sprinkler) Contract #6 (Electrical) Receive and File; Adopt Resolutions Wartburg - Adopting Resolution Conbac:l: ! Contrao~ 2 Contract 3 Conbact 4 Contract 5 Contract 6 Resolution Resolu~on Resolution Resolution Resolution Resolution Outdoor Service of Alcoholic Beverages on Public Right-of-Way City Manager recommending approval of criteria for use of public right-of-way for outdoor service of alcoholic beverages relating to long-term use of City property. Suggested Disposition: Receive and File; Approve Criteria - MVM Memo Criteria - Staff Memo Busted Lin Drawing Busted Lif'c - Background Info 6 Special Event Insurance Grant City Manager recommending approval of proposed criteria for a Special Event Grant Program for events held on public right-of-way that require insurance. Suggested Disposition: Receive and File; Approve Grant - MVM Memo Grant - Staff Memo Spedal Events Grant Mississippi River National Education and Conference Center- Cascading Stairs City Manager requesting Council direction on the design and height of the proposed signage on both sides of the cascading stairs being constructed near the Mississippi River National Education and Conference Center. Suggested Disposition: Receive and File; Council Direction Stairs ~ MVM Memo S~aim - Staff Memo Stairs - Etching Downtown Planning Committee Membership Long Range Planning Commission requesting Council approval of the membership for the Downtown Planning Committee of the Long Range Planning Commission. Suggested Disposition: Receive and File; Approve Commit~e - I-EPC Commi'd:ee Ust Memo Bee Branch Drainage Basin Master Plan Request for Proposals (RFP) City Manager recommending approval to solicit proposals to develop a Drainage Basin Master Plan for the Bee Branch Watershed Basin and further recommending that Dr. Charles Winterwod be appointed chairperson of the Citizen Advisory Committee to be formed as part of the project. Suggested Disposition: Receive and File; Approve RFP - MVM Memo RFP - Staff Memo Bee Branch RFP 7 Heritage Trail Extension Project City Manager recommending award of the contract for the Heritage Trail Extension Project to Tschiggfrie Excavating in the amount of $609,726.65 and directing staff to prepare a change order for the removal of the reute along Volunteer Drive at a cost of $87,356.25. RESOLUTION Awarding contract Suggested Disposition: Receive and File; Adopt Resolution Heritage - MVM Heritage - Staff Heritage - Resol~on Heritage - Bid Tab Memo Memo Material from July 15, 2002 Public Hearing on Plans and Specifications Trail - MVM Memo Trail - Staff Memo Trail - Resolution Heritage Trail Map West Side of Bddge Section / Elevation East Side of Bridge Pump House Powerline Bike Trail COUNCIL MEMBER REPORTS ITEMS TO BE SET FOR PUBLIC HEARING Request to Purchase City-Owned Property - Joseph Feltes City Manager recommending that a public hearing be set for August 19, 2002 to consider a request from Joseph G. Feltes to purchase City-owned property located between his property at 2616 Stafford and Linwood Cemetery. RESOLUTION of Intent to dispose of City interest in Lot 4A of Mineral Lot 472, Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 8119102 Feltes - NVM Memo Felines - Staff Memo Feltes - Resolution 8 Lenox Addition - Sale of City Property City Manager recommending that a public hearing be set for August 19, 2002 to consider disposing of City-owned property located in Lenox Addition to Eric and Bonita Timmerman. RESOLUTION of Intent to dispose of City interest in Lot 130 of Lenox Addition, Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 8119102 Lenox - MVM Memo Lenox - Staff Memo Lenox - Resolution = Birch Acres - Sale of City Property City Manager recommending that a public hearing be set for August 19, 2002 to consider disposing of City-owned property located in Birch Acres to JeffArensdorf. RESOLUTION of Intent to dispose of City interest in Lot 3 Block 9 Birch Acres and Lot 4 Block 9 Birch Acres, Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 8119102 Birch Acres - MVH Birch Acres - Staff Birch Acres - Memo Memo Resolution = Flora Pool Painting Project- Initiate City Manager recommending initiation of the bidding process for the Flora Pool Painting Project and setting a public hearing for September 3, 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 9~3~02 Flora - HVH IVterrK) Flora - Staff Memo Flora - Resoluidon #:1_ Flora - Resohfdon #2 Flora - Rersoluldon #3 9 m West Locust Street Storm Sewer Improvements - Initiate City Manager recommending initiation of the bidding process for the West Locust Street Storm Sewer Improvements Project and setting a public hearing for September 3, 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 9~3~02 West Locus~ - MVM West Locust - Staff West Locust - West Locust - Map Memo Memo Resolutions Ice Harbor West Road I Walk Construction Project City Manager recommending initiation of the bidding process for the Ice Harbor West Road /Walk Construction Project and setting a public hearing for September 16, 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 9116102 Ice Harbor - MVM Ice Harbor - Staff ice Harbor - 3[ce Harbor Exhibits Memo Memo Resolutions CONSENT ITEMS Minutes Submitted Airport Commission of 6/24 and 7/11; City Council of 7/15 and 7/23; Civil Service Commission of 7/2; Community Development Commission of 6/5; Electrical Code Board of 7/15; Five Flags Commission of 6/17; Housing Commission Trust Fund Committee of 7/18; Human Rights Commission of 6/19; Investment Oversight Commission of 7/25; Library Board of Trustee's of 4/25 and 5/23; Municipal Housing Agency of 7/15; Park and Recreation Commission of 7/9; Zoning Advisory Commission of 7/10 Pdnted Council Proceedings for March and April, 2002. 10 Finance Director submitting the Financial Reports for the month ending June 30, 2002. Proof of publication of City Council Proceedings for July 1, 2002. Quarterly report of the Dubuque Area Chamber of Commerce Convention and Visitors Bureau. Suggested Disposition: Receive and File; Approve as Printed Airport ~ 6/24 Airport - 7/1i Council - 7/'15 Coundl - 7~23 Ovil Service Comm Development Electdcai Rd Five Flags Hsg Trust Fd Human Rights Inve~--b~neet Ubrary - 4-/25 Oversight Ubrary - 5/23 Park and R6c Zoning Harch Proceedings Apdl Proceedings CVB Report Notice of Claims/Suite Pauia Deiter in estimated amount of $249.10 for vehicle damage; Catherine Heinz in estimated amount of $3,942.75 for property damage; Monica Heri in estimated amount of $2,786.74 for vehicle damage; Kenneth and Jane Lange in undetermined amount for vehicle damage; James H. Jones in estimated amount of 672.74 for vehicle damage; Marge Ogelsby in undetermined amount for personal injury;, Carl Till in estimated amount of $60.00 for property damage; Jim and Nancy Stock, and Mary Lou Mulgrew vs the City of Dubuque and the Zoning Board of Adjustment; Donna Vaske in estimated amount of $88.63 for vehicle damage 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: James A. Daniel for personal injury; Design Center, Inc. for expenses incurred due to construction of the Third Street Parking Ramp; Monica Heri for vehicle damage; Catherine Heinz for property damage; Mary McAleece Fuhrman for property damage; Kenneth A. Lange for vehicle damage Corporation Counsel recommending settlement of the claim of James H. Jones for vehicle damage; Cottingham and Butler Insurance for vehicle damage and the Finance Directo[~o issue payment. Corporation Counsel recommending that the claim of Paula Deiter for vehicle damage be referred to Hamel Parking Lot Service and the claim of Donna Vaske for vehicle damage be referred to W;C. Stewart Construction Company. 11 Suggested Disposition: Receive and File; Concur; Finance Director to Issue Payment Claims - 1CAP Claims - Settled Claims - Referred Citizen Communications a. Communication of Kathleen Spangler, 3475 Sunset Park Circle, expressing concerns related to the proposed extension of Bonson Road. b. Communication of George and Helen Weinberg, 3460 Sunset Park Circle, expressing concerns related to the proposed extension of Bonson Road. c. Communication of Gary and Dods Vogel, 3466 Sunset Park Circle, regarding the scheduled street construction project to extend Bonson Road. d. Communication from Dubuque-Jackson Counties Habitat for Humanity regarding storm water run-off on Nevada Street and YM/YVV Drive. e. Communication of Amy Pascual regarding cable TV service and problems along Highway 20. Suggested Disposition: Receive and File; Refer to City Manager Spangler Lb' Weinberg Lb- Vogel LIT Habitat Lb- Pascual Ltr = Vacant Buildings Status Report City Manager submitting the Vacant Buildings Status Report from the Housing and Community Development Department. Suggested Disposition: Receive and File Buildings - HVH Buildings - S~ff Vacant Bldgs Repor~ Hemo Hen~ Supplement No. ,55 to the Code of Ordinances City Manager recommending adoption of Supplement No. 55 to the City of Dubuque Code of Ordinances RESOLUTION Adopting Supplement No. 55 to the Code of Ordinances of the City of Dubuque, Iowa 12 Suggested Disposition: Receive and File; Adopt Resolution Code - HVH Memo Code - Staff Memo Code - Resolution w Quarterly Investment Report City Manager transmitting the Quarterly Investment Report for the period April 1, 2002 through June 30, 2002. Suggested Disposition: Receive and File Report - MVN Memo Report - Staff Memo (~uarterly Inv Investntent Summa~ Summary Schedule of Funds Treasury Securities Certificates of Deposit Sign Agreement with Grand Opera House City Manager recommending approval of an agreement with the Grand Opera House for the installation and management of a new community sign to be located on 8th Street. Suggested Disposition: Receive and File; Approve Sign - MVM Memo Sign - Staff Memo Sign Agreement Grand Sign American Red Cross Communication from the American Red Cross expressing appreciation to the City for the contribution for the Emergency Response Vehicle. Suggested Disposition: Receive and File Red Cross Ltr Iowa Utilities Board - Cost Sharing of Legal Expenses City Manager recommending that the City participate in joint representation and shadng of legal costs with the Cities of Grinnell, Newton, Mason City and Washington, Iowa in the proceedings before the Iowa Utilities Board as a result of a request for a rate increase and equalization of rates by Interstate Power and Light Company. 13 RESOLUTION Authorizing the execution of an agreement for cost sharing in legal expenses Suggested Disposition: Receive and File; Adopt Resolution Cost Share - MVN Cost Share - Staff Cost Share - Cost Sharing Ma'no Memo ResoluUon Agreement 10. Loras College - Acceptance of Easement for Public Sidewalk City Manager recommending acceptance of an easement from Loras College for a public sidewalk along Loras Boulevard adjacent to the Academic Resource Center between Cox Street and Alta Vista. RESOLUTION Accepting an Easement for public sidewalk (Part of Lot 2 of the Subdivision of Mineral Lot 90) on Loras Boulevard to the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution Loras - MVM Memo Loras - St~ff Memo Loras - Resolution Lores Ltr Loras Map Loras Easement 11. John F. Kennedy Reconstruction - City/County Funding Agreement City Manager recommending approval of a City/County Funding Agreement for the John F. Kennedy Reconstruction Project in the estimated amount of $157,583.05. RESOLUTION Approving the agreement between the City of Dubuque and Dubuque County for the construction of John F. Kennedy Road from the Northwest Arterial to Barony Road Suggested Disposition: Receive and File; Adopt Resolution .1FK - MVM Memo ]Fl( - Scarf Memo 3FK - Resolution 3FK Agreement 12. Dredged Material Placement Permit City Manager recommending approval of a Dredged Material Placement Permit with the U.S. Army Corps of Engineers for the replacement of dredge material along the shoreline of Miller-Riverview Park. 14 Suggested Disposition: Receive and File; Approve Permit - MVM Memo Permit- Staff Memo Dredging Permit Dredging Exhibit 1 Dredging Exhibit 13. University of Iowa - Site Access Agreement City Manager recommending approval of a Site Access Agreement with the University of Iowa to allow University of Iowa Hygienic Lab personnel access to a northern branch of Catfish Creek from City property near Seippel Road. Suggested Disposition: Receive and File; Approve Access - MVM Memo Access - Staff Memo Access Agreement Exhibit A Exhibit B 14. 15. Dubuque Main Street - Grant Application City Manager recommending that the City endorse an application from Main Street Ltd. to the Iowa Department of Economic Development/Main Street Iowa for a Main Street Iowa Challenge Grant in the amount of $50,000 for an Upper Main District residential development project. Suggested Disposition: Receive and File; Approve Main St - MVM Mem( Main Street - Staff Main Street LI~ Main Street Grant Memo McGraw Hill - Acceptance of Gazebo Plat and Deed City Manager recommending acceptance of the Gazebo property from RAN Dubuque, LLC (developers of the McGraw-Hill facility) and approval of a plat incorporating the gazebo property into the John G. Bergfeld Recreation Area at the Dubuque Industrial Center West. RESOLUTION Accepting a conveyance of property on Chavenelle Road (Lot 2-5 of Dubuque Industrial Center West) to the City of Dubuque, Iowa RESOLUTION Approving Plat of Survey of Lot H of Dubuque Industrial Center West Suggested Disposition: Receive and File; Adopt Resolutions Gazebo - MV/,I Memc Gazebo - Staff Memo Resolution #J. Pla~ #1 Resolution #2 Plat #2 15 16. Business Licenses RESOLUTION Granting the issuance of one new permit to sell cigarettes and cigarette papers within the City to Sumbal Corporation RESOLUTION Granting the issuance of a Class "B" Beer (Special Event) Permit to Dubuque Area Labor Management (Tent A and B in Town Clock Plaza), Music N More;, Dubuque Jaycees (Tent A, B and C in Town Clock Plaza), and Riverfest; and Class "C" Beer Permit to Kwik Stop Food Mart, Amoco Food Shop, IOCO Speede Shoppe, and Sumbal Corporation RESOLUTION Granting issuance of a Class "C" Beer/Liquor License to Shannon's Bar & Grill, Los Aztecas Mexican Restaurant, and The Busted Lift - Outdoor Service; Special Class "C" (BVV) Liquor License to Choo Choo Charlie's Pizza; and Class "C" Beer/Liquor License (1 Day Special Outdoor Event) to Jumper's Sports Bar (Blues Fest) Suggested Disposition: Adopt Resolutions Resolution #1 Resolution #2 Resolution #3 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. Jeanne F. Schneider August 1, 2002 16