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10 21 02 Agenda without iconsCITY OF DUBUQUE, IOWA CITY COUNCIL MEETING MONDAY, OCTOBER 21, 2002 5:00 - DINNER - LIBRARY ROTUNDA 5:30 P.M. - SPECIAL MEETING - PUBLIC WORKS FACILITY DESIGN 6:30 P.M.- REGULAR MEETING LIBRARY AUDITORIUM INVOCATION Sister Dorothy Heiderscheit, President of the Sisters of St. Francis PROCLAMATIONS Childhood Lead Poisoning Prevention Week (October 20 - 26, 2002) Red Ribbon Week (October 23- 31, 2002) CONSENT ITEMS 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. Minutes Submitted Airport Commission of 9/26; City Council of 10/7; Housing Code Appeals Board of 8/20; Human Rights Commission of 9/9; Long Range Planning Commission of 10/18; Plumbing Board of 10/8; Zoning Advisory Commission of 10/2; Zoning Board of Adjustment of 9/26 Proofs of publication of City Council Proceedings of 9/26 and List of Claims and Summary of Revenues for month ending August 31, 2002 Printed City Council Official Proceedings for August, 2002 Finance Director submitting the City of Dubuque Financial Reports for the month ending September 30, 2002 Suggested Disposition: Receive and File; Approve as Printed Notice of Claims/Suits American Trust and Savings Bank for property damage; Paul Beyer for property damage; Hartig Drug Company for property damage; Nancy M. and Lynn J. Kalina for personal injury; Mike Kilcoyne for property damage; Garry Swank for property 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: American Trust and Savings Bank for property damage and Garry Swank for property damage = = Corporation Counsel recommending denial of the claims of Paul Beyer for vehicle damage; Darryl Galle for property damage; Richard J. Hartig for property damage; Marty Meisenburg for property damage; Garry Pape for property damage; Mike Portzen of Portzen Construction for loss of revenue Suggested Disposition: Receive and File; Concur Citizen Communications Communication from Eugene F. Schmidt regarding the replacement of trees in Dubuque and environs. Communication from the Board of Directors of the Dubuque-Jackson Counties Habitat for Humanity regarding storm water run-off problems on lots at 10 Nevada street and 1431 YM/YVV Drive. Communication from Gary W. Reid in support of the proposed Wal-Mart Store on the former FDL property and urging the City to provide incentives, if necessary. Communication from Christopher and Jennifer Kennedy to purchase a portion of City- owned property behind 2345 Roosevelt and 2349 Roosevelt Street. Suggested Disposition: Receive and File; Refer to the City Manager United States Department of the Interior Communication from the United States Department of the Interior advising that the City's application for a Fiscal Year 2002 Save America's Treasures Historic Preservation Fund grant for the Dubuque Shot ToWer was not selected for funding. Suggested Disposition: Receive and File 5. International Total Services, Inc. Communication from Scott E. Brewer, International Total Services, Inc., advising that they have been required to cease its pre-board screening services at the Dubuque Municipal Airport as the Federal government will be taking over this operation. Suggested Disposition: Receive and File 6. - Tower Hills Drive Communication from Thomas, J. Straka, representing Brian Feldman, notifying the City that Mr. Feldman has denied a request from Ed Tschiggfrie to relinquish his private drive at the end of Tower Hills Drive in Key West to the City for the purpose of making it a public street and requesting that he be notified if this subject comes before the City Council. Suggested Disposition: Receive and File 2 = k .9. 10. 11. 12. Dubuque County Board of Supervisors Communication from Donna L. Smith, Dubuque County Board of Supervisors, advising that they have adopted the proposed Comprehensive Land Use Development Plan and Future Land Use Development Map. Suggested Disposition: Receive and File Mediacom Communication from Mediacom Communications Corporation advising of a channel line-up change. Suggested Disposition: Receive and File Fitz Place - Plat of Survey Zoning Advisory Commission recommending approval of the Plat of Survey of Lots 1 through 5 of Fitz Place, located at 3232 Sheddan Road, at the request of John Fitz. RESOLUTION Approving the Plat of Survey of Lots 1 through 5 of Fitz Place Suggested Disposition: Receive and File; Adopt Resolution Northrange Industrial Park No. 3 - Plat of Survey Zoning Advisory Commission recommending approval of the Plat of Survey of Northrange Industrial Park No. 3, located on Pennsylvania Avenue, at the request of Steve Smith. RESOLUTION Approving the Plat of Survey of Northrange Industrial Park No. 3 in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution Downtown Master Plan - American Architectural Foundation for Public Outreach Grant Application City Manager recommending approval of a $3,000 American Architectural Foundation grant application for public outreach education programs to introduce the Downtown Master Plan to the Dubuque community. RESOLUTION Approving the submittal of an application for American Architectural Grant Funding - Public Outreach for the Downtown Master Plan Suggested Disposition: Receive and File; Adopt Resolution Subgrantee Agreement with Dubuque County Historical Society City Manager recommending approval of a Subgrantee Agreement with the Dubuque County Historical Society for the National Scenic byways Grant for design and construction of exhibits for the Groat River Road Interpretive Center. Suggested Disposition: Receive and File; Approve 3 13. 14. 15. ¸16. 17. Jaeger Heights No. 2 - Phase Two City Manager recommending acceptance of the public improvements in Jaeger Heights No. 2 - Phase Two which the developer, Lloyd S. Gudenkauf, has recently completed. RESOLUTION Accepting improvements in Jaeger Heights No. 2 - Phase Two Suggested Disposition: Receive and File; Adopt Resolution Cooperative Agreement for EPA Grant City Manager recommending approval of a Cooperative Agreement with the Environmental Protection Agency (EPA) for a Brownfields Assessment Demonstration Pilot Program in the amount of $200,000 to complete Phase I and Phase II environmental assessments in the Port of Dubuque. RESOLUTION Approving a Cooperative Agreement with the Environmental Protection Agency for the Brownfields Assessment Demonstration Pilot Program for environmental assessments in the Port of Dubuque Suggested Disposition: Receive and File; Adopt Resolution Fourth Street Parking Ramp Project City Manager recommending acceptance of the Fourth Street Parking Ramp Construction Project as completed by Conlon Construction, in the final contract amount of $5,789,960. RESOLUTION Accepting improvement RESOLUTION Approving final estimate Suggested Disposition: Receive and File; Adopt Resolutions Lease with the Dubuque County Historical Society City Manager recommending approval of a short-term lease agreement with the Dubuque County Historical Society for the old United Rentals Building at 301 Iowa for use as a storage building. Suggested Disposition: Receive and File; Approve Platinum Holdings, L.L.C. City Manager recommending approval of a Consent and Subordination to Second Mortgage Agreement for Platinum Holdings, L.L.C. Communication from Wayne A. Norman, Jr., representing American Trust and Savings Bank, requesting Council approval of a Consent and Subordination to Second Mortgage agreement. RESOLUTION Approving Consent and Subordination to Second Mortgage Agreement for Platinum Holdings, L.L.C. in favor of American Trust and Savings Bank Suggested Disposition: Receive and File; Approve 4 18. Business Licenses RESOLUTION the renewal of a license to sell Cigarettes and Cigarette Papers in the City of Dubuque to Cooper Management LLC RESOLUTION Granting the issuance of a Class "C" Beer/Liquor License to Bridge Restaurant and Scandals; Special Class "C" Liquor License to Grape Harbor; and Class "B" Wine Permit to Family Mart Suggested Disposition: Adopt Resolutions ITEMS TO BE SET FOR PUBLIC HEARING City Hall Annex Roof Replacement Project City Manager recommending initiation of the bidding process for the City Hall Annex Roof Replacement Project and setting a public headng for November 18, 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 11118/02 ARC Urban Revitalization Plan City Manager recommending rejection of a request from Area Residential Care to create a new Urban Revitalization District and that this item not be set for public hearing on November 4, 2002 to consider designating the ARC Urban Revitalization District. Communication from the Long Range Planning Commission regarding the ARC Urban Revitalization Plan. For Council consideration: RESOLUTION Finding that the designation of the ARC Urban Revitalization Plan is necessary in the interest of the public health, safety and welfare of the residents of the City of Dubuque, Iowa and providing for a public hearing thereon Suggested Disposition: Receive and File; Concur with Recommending; or Adopt Resolution; Public Hearing 11/4/02 -- BOARDS/COMMISSIONS Appointments to the following Commission: Housing Commission (One 3-year unexpired term through 8117/04 and one 3-year term to expire 8117/05) Applicant: William D. Helling PUBLIC HEARINGS SUSPEND THE RULES 5 = Garfield Avenue and Stafford Street Rezoning Request roof of publication on notice of hearing to consider rezoning property located at the corner of Garfield Avenue and Stafford Street from R-2A Alternate Two-Family Residential District to R-4 Multi-Family Residential District at the request of Jay Winger/Winger Construction and Zoning Advisory Commission recommending denial. ORDINANCE Amending Appendix A (the Zoning OrdinanCe) of the City of Dubuque COde of Ordinances by reclassifying hereinafter described property located at the corner of Garfield Avenue and Stafford Street from R-2A Alternate Two-Family Residential District to R-4 Multi-Family Residential Distdct Suggested Disposition: Receive and File; Concur with Denial or Motion B; Motion A (Super Majority Vote) University of Dubuque Institutional District Proof of publication on notice of hearing to consider amending the University of Dubuque ID Institutional District located north of U.S. Highway 20, 800 feet east of Devon Drive, to allow construction of new 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 48-02, which adopted regulations for the University of Dubuque ID Institutional District and approving an amended Conceptual Development Plan for the University of Dubuque ID Institutional District Suggested Disposition: Receive and File; Motion B; Motion A Grandview Avenue United Methodist Church Proof of publication on notice of hearing to consider a voluntary annexation request from Grandview Avenue United Methodist Church and City Manager recommending approval. Proof of publication on notice of hearing to consider rezoning property located southwest of John Wesley Drive and north of Asbury Plaza from County A-1 Agricultural to CS Commercial Service and Wholesale District, concurrent with approval of a voluntary annexation request, 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 southwest of John Wesley Drive and north of Asbury Road from Dubuque County A-1 Agricultural District to City of Dubuque CS Commercial Service and Wholesale District, concurrent with annexation RESOLUTION Annexing certain property Suggested Disposition: Receive and File; MOtion B; Motion A; Adopt Resolution 6 Radford Road - Request to Rezone Proof of publication on notice of hearing to consider rezoning property located on Radford Road from C-2 Neighborhood Shopping Center District to PC Planned Commercial District at the request of Patricia Friedman/Radford Road Development and Zoning Advisory Commission recommending approval. Communication from Mary Janice Giesler requesting that sidewalks be inStalled on Radford Road. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located on Radford Road from C-2 Neighborhood Shopping Center District to PUD Planned Unit Development District with a PC Planned Commemial District designation Suggested Disposition: Receive and File; Motion B; Motion A Bond Sale to Support Water Projects Proof of publication on notice of hearing to consider the sale of General Obligation Bonds in an amount not to exceed $3,300,000 to support the new water tower and water main along the Northwest Arterial and City Manager recommending approval. RESOLUTION Instituting proceedings to take additional action for the issuance of not to exceed $3,300,000 General Obligation Bonds Suggested Disposition: Receive and File; Adopt Resolution Bond Sale to Refund $3,100,000 General Obligation Bonds Proof of publication on notice of hearing to consider the sale of General Obligation Bonds in an amount not to exceed $650,000 for the purpose of refunding $3,100,000 General Obligation Bonds and City Manager recommending approval. RESOLUTION Instituting proceedings to take additional action for the issuance of not to exceed $650,000 General Obligation Bonds RESOLUTION Directing the advertisement for sale of $3,110,000 General Obligation Bonds, Series 2002C Suggested Disposition: Receive and File; Adopt Resolution Northwest Arterial Watermain Extension Project Proofs of publication on notice of hearing and notice to bidders on the receipt of bids for the Northwest Arterial Watermain Extension Project and City Manager recommending award of the contract to Tschiggfrie Excavating in the contract amount of $887,683.35. RESOLUTION Adopting plans and specifications RESOLUTION Awarding contract to Tschiggfrie Excavating of Dubuque, Iowa for the construction of approximately 17,140 feet of 16 inch ductile iron watermain with accessories along the Northwest Arterial starting at the intersection of Highway 20 and continuing to the northeast to John F. Kennedy Road and for the construction of 7 aa 10. approximately 1,400 feet of 12 inch ductile iron watermain with accessories along Pennsylvania Avenue from the Northwest Arterial west to the Pennsylvania water tank Suggested Disposition: Receive and File; Adopt Resolutions Fourth Zone Water Tower Project Proofs of publication on notice of hearing and notice to bidders on the receipt of bids for the Fourth Zone Water Tower Project and City Manager recommending award of the contract to Landmark Structures I, L.P. in the contract amount of $1,206,000. RESOLUTION Approval of plans and specifications RESOLUTION Awarding contract to Landmark Structures I, L,P. of Fort Worth, Texas for the construction of a 1,25 million gallon composite elevated water tower with accessories on John F, Kennedy Road Suggested Disposition: Receive and File; Adopt Resolutions Old U.S. Highway 20 Watermain Extension Phase II Project Proofs of publication on notice of hearing and notice to bidders on the receipt of bids for the Old U.S. Highway 20 Watermain Extension Phase II Project and City Manager recommending award of the contract to Drew Cook & Sons in the contract amount of $77,603.5O RESOLUTION Adopting plans and specifications RESOLUTION Awarding contract to Drew Cook & Sons for the construction of approximately 1,700 feet of 12 inch ductile iron watermain with accessories along the north side of Old U.S. Highway 20 starting at the intersection of Radford Road and Old Highway 20 continuing to the west Suggested Disposition: Receive and File; Adopt Resolutions Ice Harbor Retention Basin Pump Improvement Project Proofs of publication on notice of hearing and notice to bidders on the receipt of bids for the Ice Harbor Retention Basin Pump Improvement Project and City Manager recommending award of the contract to M-Z Construction. RESOLUTION Approval of plans and specifications RESOLUTION Awarding contract Suggested Disposition: Receive and File; Adopt Resolutions REINSTATE THE RULES ACTION ITEMS Convention and Visitors Bureau Request of Sue CZeshinski, Convention and Visitors Bureau, to give an oral report of Bureau activities during the first quarter of Fiscal Year 2003. Suggested Disposition: Receive and File 8 Local Option Sales and Services Tax - Dubuque Community School District RESOLUTION Recognizing the importance of adequate school facilities by supporting the Dubuque Community School District Board of Education in its proposal to Dubuque County voters to authorize a one-percent (1%) local option sales and services tax for school infrastructure purposes Suggested Disposition: Receive and File; Adopt Resolution Gaming Referendum RESOLUTION Supporting the referendum on the continuation of gaming in Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution Bee Branch Consultant Selection City Manager recommending approval of the selection of MSA Professional Services (MSA) as the Engineering Consulting Firm to conduct a second study of the Bee Branch Drainage Basin. Suggested Disposition: Receive and File; Approve Fiscal Year 2003 Annual Action Plan - Amendment 2 City Manager recommending approval of an amended and restated Fiscal Year 2003 Annual Plan for the City's Community Development Block Grant (CDBG) program. RESOLUTION Approving an amended and restated Fiscal Year 2003 (Program Year 2002) annual plan for Community Development Block Grant (CDBG) funds Suggested Disposition: Receive and File; Adopt Resolution COUNCIL MEMBER REPORTS PUBLIC INPUT At this time, anyone in the Council Chambers may address the Council on matters which are of concem 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 Property Acquisition - Chapter 21.5(1 )(j) 2001 Code of Iowa Jeanne F. Schneider October 17, 2002 9