12 16 Agenda with iconsCI'FY 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
CONSENTITEMS
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:
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
Council 12 02 Council 12 09
Human Rights i1 18
Five Flags 8 19 Five Flags 9 :[6 Housing Appeals of
:[1/i9
Park and Rec 11 12
Long Range 11 20
October Council
Proceedings
m
Notice of Claims/Suits
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.
Suggested Disposition: Receive and File; Concur
Claim Response - Claim Response St, Claim Response -
Welu Claire Cullen
Citizen Communication
John Steger objecting to zoning interpretation.
Steger Letter
2002 Human Rights Annual Report
Human Rights Commission submitting their 2002 Annual Report
Human Rights Memc Human Rights Repori
Suggested Disposition: Receive and File
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
2
IDOT Agreement
MVM Memo
IDOT Agree. Staff IDOT Agreement
Memo Resolution
IDOT Letter US 20 PreconstrucUon
Agreement
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
School Request to
Purchase Memo
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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
Corporation Counsel
Memo
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.
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RFP Grand River Cb' RFP Staff Memo RFP Grand River
MVM Memo Center Pkg
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.
NaUonat Scenc Contract Amend
Byways Grant MVM I~ Staff Memo
Miss R Theater Exh. PJver Dis Ctr Exhibit
A, 1 B
scharff Weisburg Audio Visual System~
Agreement Exhibit
Data in Excel
3
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.
Suggested Disposition: Receive and File; Adopt Resolution
Kopp Plat ZAC Letter Kopp Plat Staff
Memo
Kopp Plat Resolution Kopp's Addn Plat
11.
12.
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
Hartig plat ZAC
Memo
Hartig Plot Hartig Plot Staff
Resolution Memo
Plat Hantig Shiptons
Addn
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
Downtown
Membership LRPC
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
4
Suggested Disposition: Receive and File; Adopt Resolutions
Ice Harbor MVM Ice Harbor Dredging Accepting Improve Final Estimate
Memo Staff Memo ResoJution Resolution
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
Civil Service
Sanitation Driver
15,
16.
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
MVM Memo Gronen Gronen Housing Gronen Housing IA Finance Letter
Housing Staff Memo Resolution
YMCA Drive - Habitat for Humanity, Drainage Problem
City Manager responding to concerns by Habitat for Humanity as to drainage
problems on YMCA Drive.
Suggested Disposition: Receive and File
YMCA Dr Drainage YMCA Dr Staff Memo
MVM Memo
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
5
Asbury Plaza Det.
Basin MV~ Memo
Asbury Plaza Der
Basin Staff Memo
i8.
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
Transit Boarding
Facility MVM Memo
Transit Facility Staff
Memo
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
Downtown Master IDED Grant Staff IDED Grant
Plan MVM Memo Memo 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
MRDC Wetlands MVlV
Memo
IDOT Agree Staff IDOT Agreement IDOT Letter IDOT Agreement
Memo Resolution
6
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
Corp Counsel Letter Deeds Dbq Deeds Midwest
Hardwood Resolution Hardwoods Resolutio
22.
Muddy Waters Business Response
City Manager responding to letter from Jessica Barnes concerning police
enforcement at the Muddy Waters establishment at 18th and Central.
Suggested Disposition: Receive and File
Muddy Watem MVM
Memo
3. Barnes Letter Muddy W Police Muddy W Staff
Report Memo
23. Application for EPA Brownfield Clean-Up Grant
City Manager recommending endorsement of a submission of an application for the
EPA Brewnfield 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 Resolutions.
EPA Brownfield MVM EPA Cleanup Staff Application
Memo Memo 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.
7
RESOLUTION Authorizing the Execution of a Contract with the Economic
Development Administration
Suggested Disposition: Receive and File and Approve
Adams Co Grant Adams Co Acq Staff EDA contract Dept Commerce Financial Assist
MVM Memo Memo Resolution Lettem Award
25.
Business Licenses
RESOLUTION Authorizing the issuance of Class C Beer Permit to Kwik Stop
Food Mart, 2320 Hwy 61, IOCO Speede Shoppe at 2150 Twin Valley, Big 10
Mart at 9th 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
Beer Resolution Uquor Resolution
ITEMS TO BE SET FOR PUBLIC HEARING
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.
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 Lotl0A
and Lot 11A of Woodlawn Park.
Suggested Disposition: Receive and File; Adopt Resolutions;
Motion B - Motion A; Set Public Hearing for 1/6/03
8
Decorah St Vacate Decorah St Vacate Resolution Approving Ordinance Vacating
MVM Memo Staff Memo Plat
Intent to Dispose
Resolutio
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 111106)
Applicants: Cynthia Cechota, Penny Ehlinger, Joseph A. Hopkins, Marry O'Shea,
Charles F. Ryan and Vincent J. Vanden Heuvel, and Kimberly Walsh
Boards Overview List Boards Usting H Rights Appiication.~
PUBLIC HEARINGS
SUSPEND THE RULES
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 Chadie 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
Media(om Extension Franchise Extension Media(om Ext Media(om Ext. Charlie Ellis Letter
MVH Hemo Staff Memo Ordinance Agreement
Material from December 2, 2002 Meeting
Mediacom MVM Mediacom Ext Staff Memo Memo
9
N
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
Suggested Disposition: Receive and File; Adopt Resolution
Sidewalk Program
MVM Memo
Sidewalk Program Sidewalk Prog
Staff Memo Resolution
Material from November 18, 2002 Meeting
Sidewalk - MVM Sidewalk - Staff
Memo Memo
Sidewalk - Sidewalk - Map
Resolutions
Material from November 4, 2002 Meeting
Herrig Ltr
Herrig - MVM Memo
Herrig - Staff Memo
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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
Annex Roof MVM Annex Roof Staff Plans & Specs Awarding Project Annex Roof Bid Tabs
Memo Memo Resolution Resolution
10
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Material from November 18, 2002 Meeting
Annex - MVM Memo
Annex - Staff Memo
Annex - Resolution Ulstad Ltr
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 o.~r
Motion B; Motion A (Super Majority Vote Needed)
Garfield Rezoning Garfield Rezoning Garfield Rezoning
ZAC Memo Staff Report Ordinance
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-t Single Family Residential District to C2
Neighborhood Shopping Center District at the request of Jerry and Lisa
Graft/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.
Rezoning Staff McDermott Objection Petition Objecting to N. Cascade
Report P. ezoning Ordinance
REINSTATE THE RULES
11
ACTION ITEMS
SW Arterial Building Permit Moratorium Request
City Manager recommending approval of a request to allow Klm Sanford of 103
Cousins Road to build a garage in the Southwest Arterial Moratorium area.
Suggested Disposition: Receive and File and Approve
SW ArLerial Building SW Artedal SW Art Bldg Permit IDOT Letter SW AfL
Reques~ MVM Memo Moratorium Staff Her
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
Norby - Tschiggfrie
Letter
=
=
Naming River's Edge Plaza -
NOTE: Materials will be distributed at the City Council Meeting.
Suggested Disposition: Receive and File and Approve
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
Kane St Parking HV[v Kane St Parking Staff
Memo Memo
Kane Street Parking Kane St Map Kane St Petition
Ordinance
12
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
Restoration Project from 24th Street to the 16th Street Detention Basin.
Suggested Disposition: Receive and File and Approve
Bee Branch Study -
MVM Memo
Bee Branch Prop,
Study - S~aff Memo
Bee Branch Pictures
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
ARC Housing MVM
Memo
ARC Staff Memo
ARC Resolution Kennedy P~ IFA
Memo
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
Wayfinding Signs Revisions Alter P, Grandview Artwork Full Sign Artwork
Staff Memo Input
Public Input
Comments
College District
Signage
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
13
NPDES MVM Memo NPDES Plan Staff
Memo
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.).
Suggested Disposition: Receive and File and Approve
Old Mill Rd Prop. Home Purchase Staff
MVM Memo Memo
10,
11.
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
Memo
Main St Assessments Main St Final
Payment
Brick Pavers Requost
Main St Accept MVM Main St. Staff Memo Main St Final AcceptMain Street Final Est.
Resolution Resolution
Main Street
Assessment Resolutk
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.
Suggested Disposition: Receive and File and Approve
14
Brick Pavem MVM DNR Letter
Memo
13.
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
Port of Dbq MVM Port of Dbq Staff
Memo Memo
Port of Dubuque -
Picture
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
Holiday Collection Holiday Collection
MVM Memo Staff Memo
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.
'121'12/02
Karen M. Chesterman
Deputy City Clerk
15