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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 = 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. = 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 = 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 = 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