12 16 02 Agenda without iconsCITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
MONDAY, DECEMBER 16, 2002
4:15 P.M. – DINNER – LIBRARY ROTUNDA
4:45 P.M. – SPECIAL MEETING – STORMWATER UTILITY
6:30 P.M. – REGULAR MEETING
LIBRARY AUDTIORIUM
INVOCATION
Reverend Jeffrey F. Bullock, Ph.D., President of the University of Dubuque
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.
1. Minutes Submitted:
City Council of 12/2 and 12/9; Five Flags Commission of 8/19 and 9/16; Housing
Code Appeals Bd. of 11/19; Human Rights Commission of 11/18; Long Range
Planning Commission of 11/20; Park and Recreation Commission of 11/12;
Proofs of publication of City Council Proceedings of 11/18/02 and 11/25/02 and
List of Claims and Revenues for month ending October 31, 2002.
Council Proceedings of October 2002.
Finance Director submitting Financial Reports for the month ending November 30,
2002.
Suggested Disposition: Receive and File; Approve as Printed
Notice of Claims/Suits
2.
Chris E. Cullen for property damage; Welu, Inc. dba Welu Printing Co. by Attorney
E. David Wright for property damage.
Suggested Disposition: Receive and File; Refer to Legal for Investigation and
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:
Chris E. Cullen, E. David Wright for Welu, Inc. d/b/a Welu Printing Co.
Corporation Counsel recommending settlement of Ricky St. Claire claim in the
amount of $108.69.
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Suggested Disposition: Receive and File; Concur
3. Citizen Communication
John Steger objecting to zoning interpretation.
4. 2002 Human Rights Annual Report
Human Rights Commission submitting their 2002 Annual Report
Suggested Disposition: Receive and File
5. IDOT Agreement – U.S. Highway 20 Intersection
City Manager recommending approval of a pre-construction Agreement between
the City and the Iowa Department of Transportation for improvement to U.S. 20
within the City of Dubuque.
Resolution
Approving Agreement between the City of Dubuque and the Iowa
Department of Transportation for Improvements to US 20
Suggested Disposition: Receive and File and Adopt Resolution
6. Dubuque Community Schools Request to Purchase Property
Communication from the Dubuque Community School District to vacate a portion of
City alley abutting School District property at 330 Bryant Street, 340 Bryant Street,
and 1280 Mt. Loretta St.
Suggested Disposition: Receive and File and Refer to the City Manager
7. Workers’ Compensation Claim Settlement
Corporation Counsel requesting approval of a proposed settlement of Workers’
Compensation claim of John Fitzgibbons.
Suggested Disposition: Receive and File and Approve
8. Grand River Center Request for Proposals for Creative Services
City Manager recommending approval of a Request for Proposal for creative
development services for the Grand River Center.
9. Dubuque County Historical Society contract with Scharff-Weisberg
Amendment
City Manager recommending approval of the amendment to the Contract with
Scharff-Weisberg for National Scenic Byways Grant.
10. Plat of Survey, 1670 John F. Kennedy Road
Zoning Advisory Commission recommending approval of the Plat of Survey of Lot 1
and Lot 2 of Kopp’s JFK Addition No. 2.
RESOLUTION
Approving the Plat of Survey of Lot 1 and Lot 2 of Kopp’s JFK
Addition No. 2 in the City of Dubuque, Iowa.
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Suggested Disposition: Receive and File; Adopt Resolution
11. Plat of Survey, Rockdale Road
Zoning Advisory Commission recommending approval of the Plat of Survey of Lot
1-2 and Lot 2-2 of Shipton’s Second Addition.
RESOLUTION
Approving the Plat of Survey of Lot 1-2 and Lot 2-2 of Shipton’s
Second addition in the City of Dubuque, Iowa.
Suggested Disposition: Receive and File; Adopt Resolution
12. Downtown Planning Committee Membership
Communication of Long Range Planning Commission recommending adding two
new members to the Downtown Planning Commission from Dubuque Initiatives and
Dubuque Cultural Alliance.
Suggested Disposition: Receive and File; Approve
13. Ice Harbor Maintenance Dredging Project – Acceptance
City Manager recommending acceptance of the 2002 Maintenance Dredging
Project – Ice Harbor Flood Control Gate Structure in the final amount of
$109,925.00,
RESOLUTION
Accepting Improvement
RESOLUTION
Final Estimate
Suggested Disposition: Receive and File; Adopt Resolutions
14. Civil Service Certification of Sanitation Driver Position
Civil Service Commission submitting certification of individuals tested for Sanitation
Driver.
Suggested Disposition: Receive and File and Make Matter of Record
15. Housing Tax Credit Gronen Properties
City Manager recommending support of application for equity financing assistance
for the Gronen Upper Main Revitalization Project.
RESOLUTION
Authorizing the City Council to endorse the Gronen Properties’
Application for Federal Assistance for a Rental Housing Rehabilitation Project on
Upper Main Street.
Suggested Disposition: Receive and File; Adopt Resolution
16. YMCA Drive – Habitat for Humanity, Drainage Problem
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City Manager responding to concerns by Habitat for Humanity as to drainage
problems on YMCA Drive.
Suggested Disposition: Receive and File
17. Asbury Plaza Detention Basin Response
City Manager responding to concern of Judy Riniker about water runoff near the
Asbury Plaza area.
Suggested Disposition: Receive and File
18. Transit Boarding Facility Architectural Services
City Manager requesting authorization to negotiate a contract for Architectural
Services to design a Transit Boarding Facility.
Suggested Disposition: Receive and File and Approve
19. Iowa Department of Economic Development Grant Agreement for Downtown
Master Plan
City Manager
recommending approval of an Agreement with the Iowa Department of Economic
Development for a $25,000 grant from IDED’s Community Development Fund for
preparation of the Downtown Master Plan.
Suggested Disposition: Receive and File and Adopt Resolution
20. Mississippi River Discovery Center Wetlands Site Package II
City Manager recommending authorization to execute a Supplemental Agreement
for the Mississippi River Discovery Center (MRDC) Wetland Site Package II,
Interior Walkways Project.
RESOLUTION
Authorizing a Supplemental Agreement with the Iowa Department
of Transportation for the Mississippi River Discovery Center Wetland Site Package
II, Interior Walkways Project.
Suggested Disposition: Receive and File; Adopt Resolution
21. Dubuque Hardwoods Deeds
Corporation Counsel recommending acceptance of the deeds from Dubuque
Hardwoods, Inc., Robert and Lynn Miller, and Midwest Hardwoods, Inc.
RESOLUTION
Accepting the Deeds to certain Real Estate in Dubuque County,
Iowa from Dubuque Hardwoods, Inc. and Robert and Lynn Miller.
RESOLUTION
Accepting the deed to certain Real Estate in Dubuque County, Iowa
from Midwest Hardwoods, Inc.
Suggested Disposition: Receive and File; Adopt Resolutions
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22. Muddy Waters Business Response
City Manager responding to letter from Jessica Barnes concerning police
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enforcement at the Muddy Waters establishment at 18 and Central.
Suggested Disposition: Receive and File
23. Application for EPA Brownfield Clean-Up Grant
City Manager recommending endorsement of a submission of an application for the
EPA Brownfield Cleanup Grant Application for Petroleum Contaminated Property in
the Port of Dubuque.
RESOLUTION
Endorsing the Submission of a Brownfield Cleanup Grant
Application to the U.S. Environmental Protection Agency for Cleanup Activities in
the Port of Dubuque.
Suggested Disposition: Receive and File; Adopt Resolution
24. EDA Grant for Adams Co. Acquisition
City
Manager recommending approval of a contract with the Economic Development
Administration for a $2 Million Grant for the Acquisition of the Adams Co.
RESOLUTION
Authorizing the Execution of a Contract with the Economic
Development Administration
Suggested Disposition: Receive and File and Approve
25. Business Licenses
RESOLUTION
Authorizing the issuance of Class C Beer Permit to Kwik Stop Food
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Mart, 2320 Hwy 61, IOCO Speede Shoppe at 2150 Twin Valley, Big 10 Mart at 9
and Central, and Hy-Vee #2 at 4800 Asbury Rd.
RESOLUTION
Authorizing the issuance of Class B Hotel-Motel Liquor License to
Julien Inn at 200 Main, Holiday Inn 5 Flags at 450 Main St. and Class C
Beer/Liquor License to Michael’s Bar X at 2616 Windsor Ave.; White House at 450
W. Locust; Moracco at 1413 Rockdale Rd.; Ryan House at 1375 Locust St.;
Charhouse Restaurant at 1575 JFK Rd. and Bowling & Beyond Dubuque at 1860
Hawthorne.
Suggested Disposition: Adopt Resolutions
ITEMS TO BE SET FOR PUBLIC HEARING
1. Decorah Street Request to Vacate
City Manager recommending that a public hearing be set for January 6, 2003 to
consider a request from Douglas and Jean Kapp and William and Carole Kubler
to vacate and purchase Decorah Street east of Adair Street.
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RESOLUTION
Approving Plat of Proposed Vacated Decorah Street East of
Adair St.
ORDINANCE
Vacating Decorah Street East of Adair Street
RESOLUTION
Of Intent to dispose of interest and vacate portions of Lot10A
and Lot 11A of Woodlawn Park.
Suggested Disposition: Receive and File; Adopt Resolutions;
Motion B – Motion A; Set Public Hearing for 1/6/03
BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the
following Boards/Commissions:
Human Rights Commission (Three 3-year terms to expire 1/1/06)
Applicants: Cynthia Cechota, Penny Ehlinger, Joseph A. Hopkins, Marty O’Shea,
Charles F. Ryan and Vincent J. Vanden Heuvel, and Kimberly Walsh
PUBLIC HEARINGS
SUSPEND THE RULES
1. Mediacom Franchise Extension
Proof of publication on notice of hearing to consider an additional three-month
lease extension of the existing Mediacom cable franchise and City Manager
recommending approval.
Communication of Charlie Ellis, Chair of Cable Regulatory Commission, requesting
that an extension be granted.
ORDINANCE
Extending the term of the existing Cable Franchise Agreement and
Hub Site Lease of MCCIowa, LLC to March 31, 2003.
Suggested Disposition: Receive and File; Motion B; Motion A
2. Embassy West Drive Sidewalk
Proof of publication on notice of hearing on amended plans and specifications to
consider the Embassy West Drive sidewalk installation as part of the amended
2000 Sidewalk Installation Program and City Manager requesting direction.
RESOLUTION
With Respect to the Adoption of the Amended 2000 Sidewalk
Installation Program
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Suggested Disposition: Receive and File; Adopt Resolution
3. City Hall Annex Roof Replacement Project
Proof of publication on notice of hearing on plans and specifications and notice to
bidders on the receipt of bids, and City Manager recommending awarding of the
contract for the City Hall Annex Roof Replacement Project to Giese Sheet Metal of
Dubuque, Iowa in the contract amount of $29,500.
RESOLUTION
Adopting plans and specifications
RESOLUTION
Awarding contract to Giese Sheet Metal
Suggested Disposition: Receive and File; Adopt Resolutions
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4. Garfield Avenue and Stafford Street Rezoning Request
Proof 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-3 Moderate Density 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 by reclassifying property at the corner of Garfield Avenue and Stafford
Street from R-2A Alternate Two Family Residential District to R-3 Moderate
Density Multi-Residential District.
Suggested Disposition: Receive and File; Concur with Denial or
Motion B; Motion A (Super Majority Vote Needed)
5. 3001 North Cascade Road Rezoning Request
Proof of publication of notice of hearing to consider rezoning property located at
3001 North Cascade Road from R-1 Single Family Residential District to C2
Neighborhood Shopping Center District at the request of Jerry and Lisa Graff/John
and Carol Heiderscheit and Zoning Advisory Commission recommending approval.
Communication of Tom and Jean McDermott objecting to proposed rezoning.
Petition with 11 signatures objecting to proposed rezoning.
ORDINANCE
Amending Appendix A (the Zoning Ordinance) of the City of
Dubuque Code of Ordinances by reclassifying property at 3001 North Cascade
Road from R-1 Single Family Residential District to C2 Neighborhood Shopping
District.
REINSTATE THE RULES
ACTION ITEMS
1. SW Arterial Building Permit Moratorium Request
City Manager recommending approval of a request to allow Kim Sanford of 103
Cousins Road to build a garage in the Southwest Arterial Moratorium area.
Suggested Disposition: Receive and File and Approve
2. Ed Tschiggfrie Requesting Tower Hills Drive as a Public Street
Attorney Gary Norby on behalf of Ed Tschiggfrie – T-Corp., requesting that the City
utilize Eminent Domain to acquire Tower Hills Drive as a public street.
Suggested Disposition: Receive and File and Refer to City Manager
3. Naming River’s Edge Plaza –
NOTE: Materials will be distributed at the City Council Meeting.
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Suggested Disposition: Receive and File and Approve
4. Kane Street Parking Amendment
City Manager recommending adoption of an Ordinance prohibiting parking on the
south side of Kane Street within 140 feet east and west of Katrina Circle.
ORDINANCE
Amending Section 32-262(d) of the Code of Ordinances of the City
of Dubuque, Iowa, prohibiting Parking on designated Streets or portions thereof
adding a portion of the South Side of Kane Street, either side of Katrina Circle
Suggested Disposition: Receive and File; Motion B, Motion A
5. Bee Branch Creek Restoration Project
City Manager recommending approval to issue a request for proposals to do
preliminary design and to conduct an alignment study for the Bee Branch Creek
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Restoration Project from 24 Street to the 16 Street Detention Basin.
Suggested Disposition: Receive and File and Approve
6. Housing Tax Credit Area Residential Care / Kennedy Point Partnership
City Manager recommending support of application for equity financing assistance
for the Kennedy Point Limited Partnership project.
RESOLUTION
Authorizing the City Council to endorse an Application from Area
Residential Care / Kennedy Point Partnership for Federal Assistance for
Development of New Rental Housing on Kennedy Circle.
Suggested Disposition: Receive and File; Adopt Resolution
7. Wayfinding Signage Districts
Communication of City Manager requesting Council approve the Wayfinding
Signage System Map, rename the Riverfront District to the Port of Dubuque District
and provide direction on the Grandview District or College-Grandview District.
Suggested Disposition: Receive and File – Council Direction
8. National Pollutant Discharge Emission Systems – NPDES
City Manager recommending approval of the process to assemble the City’s
National Pollution Discharge Elimination Phase II Permit Application to be
submitted to the Iowa Department of Natural Resources.
Suggested Disposition: Receive and File and Approve
9. Old Mill Road Property Acquisition
Communication of City Manager requesting authorization to purchase three Flood
Damaged properties on Old Mill Road (1620 Old Mill Rd., 1695 Old Mill Rd., 1699
Old Mill Rd.).
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Suggested Disposition: Receive and File and Approve
10, Main Street Project, Fifth to Ninth Streets, Acceptance
City Manager recommending acceptance of the Main Street Project, Fifth to Ninth
Streets, in the final contract amount of $2,110,113.35.
RESOLUTION
Accepting Improvement
RESOLUTION
Final Estimate
RESOLUTION
Adopting the final assessment schedule for the Main Street, Fifth to
Ninth, Project including certain information required by the Code of Iowa,
specifically the number of annual installments into which assessments are divided,
the interest of unpaid installments, the time when the assessments are payable and
directing the Clerk to certify the final schedule and to publish notice thereof.
Suggested Disposition: Receive and File; Adopt Resolutions
11. Brick Pavers Request
City Manager recommending approval of request by Park Ranger Wayne
Buchholz of the Iowa Department of Natural Resources to obtain brick pavers
salvaged by the City and use them at the E.B. Lyons Center and RipRow Valley.
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Suggested Disposition: Receive and File and Approve
12. Naming the Port of Dubuque
City Manager requesting approval of the renaming of the area currently referred to
as the “Fourth Street Peninsula” to the “Port of Dubuque.
RESOLUTION
Designating an Area of the City of Dubuque to be known as the
“Port of Dubuque”
Suggested Disposition: Receive and File; Adopt Resolution
13. Holiday Refuse Collection Allowance
City
Manager recommending that the City offer one free refuse container sticker to
assist citizens with holiday refuse.
Suggested Disposition: Receive and File and Approve
COUNCIL MEMBER REPORTS
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.
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12/12/02
Karen M. Chesterman, Deputy City Clerk
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