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1 20 03 Agenda with iconsCITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 5:00 P.M. - DINNER- LIBRARY ROTUNDA 5:30 P.M. - SPECIAL MEETING - CONVENTION & VISITORS BUREAU PRESENTATION 6:30 P.M. - REGULAR MEETING LIBRARY AUDITORIUM MONDAY, JANUARY 20, 2003 CVB Repor~ INVOCATION Reverend Tim Bees, Pastor, First Baptist Church 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 and Reports Submitted Airport Commission of 12/16; Cable Community Teleprogramming Commission of 12/3; Civil Service Commission of 12/9 and 12/23; Environmental Stewardship Advisory Commission of 11/5; Five Flags Commission of 10/21 and 11/18; Transit Board of 11/14; Zoning Advisory Commission of 1/8; Zoning Board of Adjustment of 12/19 Proofs of publication of City Council proceedings of December 9 and December 16, 2002; and List of Claims and Summary of Revenues for month ending November 30, 2002 Printed Official Council Proceedings for month of November, 2002 Finance Director submitting the financial reports for the month ending December 31, 2002 Fiscal Year 2003 Second Quarter Report from the Substance Abuse Services Center Suggested Disposition: Receive and File; Approve as Printed Airport Cable Civil Service - :!.2/9 Civil Service - ~.2/23 Env Stewardship Five Flags - 10121 Five Flags - 11/18 Transit Zoning Advisory ZBA Council Proceedings SASC Report Notice of Claims/Suits Damian Baumhover for property damage; Paul J. Behnke for vehicle damage; Tim Bushman for property damage; William Gerlach for vehicle damage; Janice Hoerner for personal injury; Patricia Morrison for personal injury Suggested Disposition: Receive and File; Refer to Legal for Investigation/Report Corporation Counsel recommending denial of the claim of Fannie Stout House for property damage. Corporation Counsel recommending settlement of the claim of Paul Behnke for proPerty damage and William Gerlach for vehicle damage and directing the Finance Director to issue payment. Suggested Disposition: Receive and File; Concur; Finance Director to Issue Payment Claims - Denied Claims - Settled Citizen Communication Communication from Mary Alice Walsh regarding the recently enacted "No Parking at Any Time" restriction on Kane Street. Suggested Disposition: Receive and File Walsh Letter 2 Community Development Advisory Commission Communication from R.J. Sullivan submitting his resignation from the Community Development Advisory Commission. Suggested Disposition: Receive and File; Accept Resignation Sullivan Lb- = Civil Service Commission Civil Service Commission submitting the certified list for the positions of Assistant Police Chief, Police Captain, and Police Lieutenant. Suggested Disposition: Receive and File; Make a Matter of Record Assr Chief Ust Captain List Lieutenant List Wal-Mart Stores, Inc. Tax Appeal Corporation Council submitting a Stipulation of Settlement of a tax assessment appeal for property located at 4200 Dodge Street, legally described as Lot 2, Wal-Mart Subdivision, Dubuque, Iowa. Suggested Disposition: Receive and File; Approve Tax Appeal 2389 University Avenue - Final Plat Zoning Advisory Commission recommending approval of the plat of survey of Lot 1 of 1 of 224 and Lot 2 of 1 of 224 Finley's Addition (2380 University Avenue) as requested by Dennis and Amy McCarthy. RESOLUTION Approving the plat of survey of Lot 1 of 1 of 224 and Lot 2 of 1 of 224 Finley's Addition Suggested Disposition: Receive and File; Adopt Resolution University - ZAC Lb' University - University - Naps University - Staff University - Application Nemo Resolution 3 = O'Mara Second Subdivision - Plat of Subdivision Zoning Advisory Commission recommending approval of the plat of subdivision of Lot 1 and 2 of O'Mara Second Subdivision (~ 1983 Kennedy Road) at the request of Roger Kurt/Joseph and Beverly O'Mara~ RESOLUTION Approving the plat of subdivision of Lot I and Lot 2 of O'Mara Second Subdivision in the County of Dubuque, Iowa Suggested Disposition: Receive and File: Adopt Resolution O'Mara - ZAC Ltr O'Mara - Application O'Mara - Map O'Mara - Staff Memo O'Mara - Resolution = 10. 2002 Sidewalk Assessment Project City Manager recommending approval of the final assessment schedule for the 2002 Sidewalk Assessment Project. RESOLUTION Adopting the final assessment schedule for the 2002 Sidewalk Assessment Project including certain information required by the Code of Iowa, specifically, the number of annual installments into which assessments are divided, the interest on all 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 Resolution Sidewalk - MVM Sidewalk - Staff Sidewalk - ResoluUor Memo Memo Assessments Sidewalk Notica Chavenelle Drive - Acceptance City Manager recommending acceptance of the Chavenelle Drive Extension Project in the final contract amount of $583,148.07 as completed by Portzen Construction, Inc. RESOLUTION Accepting improvement RESOLUTION Approving final estimate Suggested Disposition: Receive and File; Adopt Resolutions Chavenelle - NVM Chavenelle - Staff Chavenelle - Cost Summery Hemo Memo Resolutions 4 11. US 20 Highway Intersection Improvements City Manager recommending approval of an addendum to the Preconstruction Agreement with the Iowa Department of Transportation to allow for the five-lane widening project from the Northwest Arterial to just west of "Old Highway Road." RESOLUTION Approving an addendum to the Preconstruction Agreement between the City of Dubuque and the Iowa Department of Transportation for improvements to US 20 Suggested Disposition: Receive and File; Adopt Resolution US 20 - MVM Memo US 20 - Staff Memo US 20 - Resolution US 20 Agreement 12. Henry Stout House - Irrevocable License City Manager recommending approval of an amendment to the irrevocable license for encroachment in the public right-of-way for Henry Stout Place Apartments to include an encroachment for a set of steps on the Iowa Street sidewalk. Suggested Disposition: Receive and File; Approve Ucense - I~VM Hem( License - Staff Memo Henry Sb~u~ - Ucense - Exhibit A Henry Stout - Map Ucense 13. Conservation Design Forum Council Member Joyce Connors submitting information on Conservation Design Forum (CDF), with respect to identifying potential cost effective, ecologically sustainable stormwater management alternatives. Suggested Disposition: Receive and File CDF Letter CDF Profile CDF - Article ~_ CDF - A~cicle 2 CDF - Article 3 CDF - Article 4 14. National Trust for Historic Preservation Communication from Genell Scheurell, Midwest Office - National Trust for Historic Preservation, thanking Laura Carstens, Planning Services Manager, for submitting the final report and project summary for the City's $2,500 Preservation Services Fund grant. Suggested Disposition: Receive and File National Trus~ L~ 5 15. 16. Old U.S. Highway 20 Water Main Extension Project - Acceptance City Manager recommending acceptance of the Old U.S. Highway 20 Water Main Extension Project in the final contract amount of $105,392.35. RESOLUTION Accepting improvement RESOLUTION Approving final estimate Suggested Disposition: Receive and File; Adopt Resolutions Main Exter~ion - Main Exl:ension - Main Extension HVH Memo S~aff Memo Resolutions Fiscal Year 2003 Annual Action Plan Amendment ~ City Manager recommending approval of Amendment #3 to the Fiscal Year 2003 (Program Year 2002) Annual Action Plan for Community Development Block Grant funds. RESOLUTION Approving Amendment #3 to the Fiscal Year 2003 (Program Year 2002) Annual Action Plan for Community Development Block Grant Funds Suggested Disposition: Receive and File; Adopt Resolution FY 2003 Plan - MVM FY 2003 - Staff FY 2003 - Resolution FY 2003 - Exhibit A Memo Memo 17. State Historical Society of Iowa Communication from the State Historical Society of Iowa advising that the Ziepprecht Block Building and John Bell Block Building have been listed in the National Register of Historic Places effective December 20, 2002. Suggested Disposition: Receive and File State Letter 6 18. 19. Purchase of Permits Plus Software System City Manager recommending approval of the pumhase of Permits Plus software system and a replacement network server for Housing and Community Development Department. Suggested Disposition: Receive and File; Approve Software - MVM SofoNare - Staff Memo Memo Iowa Department of Natural Resources PAYT Grant Proposal City Manager recommending approval for the Operations and Maintenance Department to seek a grant from the Iowa Department of Natural Resources for supplying consulting services at no charge to Iowa communities considering voluntarily implementing PAYT. Suggested Disposition: Receive and File; Approve PAYT - MVM Memo PAYT - Staff Memo 20, Quarterly Investment Report City Manager transmitting the December 31, 2002 Quarterly Investment Report. Suggested Disposition: Receive and File Report - MVM Memo Repor~ - Staff Memo Cash Investments Certificates of Monthly Investment Deposit Summary Schedule of Funds 21. Business License Refund Application from Marie Moetler, Bierstube Ltd, for a refund of her beer and liquor license in the amount of $633.75. Suggested Disposition: Receive and File; Approve Refund Request 7 22. Business Licenses RESOLUTION Granting the issuance of a Class "C" Beer Permit to Dubuque Discount Gas, Liquor Depot, and Oky Doky #21 RESOLUTION Granting the issuance of a Class "C" Beer/Liquor License to The Lounge and Town Clock Inn; and Class "B" Wine Permit to Liquor Depot Suggested Disposition: Adopt Resolutions Re~oluMon #~_ Resolution #2 ITEMS TO BE SET FOR PUBLIC HEARING Disposal of Property to Dubuque Initiatives City Manager recommending that a public hearing be set for February 3, 2003 to consider the disposal of real property in the Port of Dubuque to Dubuque Initiatives. RESOLUTION of Intent to dispose of real property by deed to Dubuque Initiatives Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 2~3~03 Disposal - HV¢4 Hem Disposal - Staff Disposal - Resolution Flemo m Mississippi River Discovery Center Wetlands, Phase II (interior Walkways) Project - Initiate City Manager recommending initiation of the bidding process for the Mississippi River Discovery Center Wetlands, Phase II (Interior Walkways) Project and that a public hearing be set for February 17, 2003. RESOLUTION Preliminary approval of plans and specifications for the Mississippi River Discovery Center Wetland -Site Package Interior Walkways Project (Contract 1 - Wood Piers and Decking, Contract 2 -Wood Framing and Railings, Contract 3 - Plumbing, Contract 4 - Electrical) RESOLUTION Fixing date of hearing on plans and specifications for the Mississippi River Discovery Center Wetland - Site Package Intedor Walkways Project (Contract 1 - Wood Piers and Decking, Contract 2 - Wood Framing and Railings, Contract 3 - Plumbing, Contract 4 - Electrical) RESOLUTION Ordering bids for the Mississippi River Discovery Center Wetland - Site Package lntedor Walkways Project (Contract 1 -Wood Piers and Decking, Contract 2- Wood Framing and Railings, Contract 3 - Plumbing, Contract 4 - Electrical) 8 Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 2/17/03 MRDC - MVM Memo MRDC - Staff Memo MRDC - Resolutions MRDC - Drawing Fiscal Year 2004 Annual Action Plan City Manager recommending that a public hearing be set for February 26, 2003 to consider the proposed Fiscal Year 2004 Annual Action Plan. RESOLUTION Setting a public hearing on the Program Year 2003 (Fiscal Year 2004) Community Development Block Grant (CDBG) Annual Plan Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 2/26/03 FY 2004 Plan - HVM FY 2004 ~ Staff FY 2004 - Exhibits Memo Memo FY 2004 ~ Resolution BOARD AND COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Boards/Commissions: Community Development Advisory Commission (Three unexpired 3-year terms for Census Tracts 2, 3 and 4; One 3-year term for At-Large - Term of Wainwright; One 3- year term for Census Tract 1 - Term of Isenhart): Applicant: Thomas Wainwright TV Cable Community Teleprogramming Commission (Two unexpired 3-year terms through 6/30/03; One unexpired 3-year term through 6/30/05): Applicant: Burton Everist Bd and Comm Listin(. Overview Sheet CDAC Application Cable Application 9 PUBLIC HEARINGS SUSPEND THE RULES ARC Design Resources, Inc./JMC Gold Medal Meat, Inc. Proof of publication on notice of hearing to consider a request from ARC Design Resources, Inc./JMC Gold Medal Meat, Inc. to rezone property located at 16th and Sycamore Streets from HI Heavy industrial District to PUD Planned Unit Development with a PC Planned Commercial designation to allow a Wal-Mart Super Center and Zoning Advisory Commission recommending denial. Communications from Mrs. Cecilia Lattner and Karen Hammel in opposition to the Wal- Mart Super Center. Communication from Dick Hartig in opposition to the City providing any financial assistance to Wal-Mart. Communication from Phillip A. Ruppel regarding the traffic impact of the proposed Wal- Mart development. Communication from Rick Trausch objecting to the proposed Wal-Mart development. Communication from Larry McDermott in opposition to the proposed Wal-Mart development. Communication from Kenneth P. Bichell regarding the proposed Wal-Mart development. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque th Code of Ordinances for hereinafter described property located at 16 and Sycamore Streets from HI Heavy Industrial District to PUD Planned Unit Development with a PC Planned Commercial designation Suggested Disposition: Receive and File; Concur with Denial; o._[r Motion B; Motion A (Super Majority Vote Necessary) Wal-Hart - ZAC Ltr Wal-Mart - ARC Exhibit B-,t Application WaI-Hart - Staff WaI-Hart - Report OrdinanCe ARC Traffic Analys~s Wal-Mart - Flap Wal-Mart - Exhibit A Wal-Mart - Map Wal-Mart - LRPC Ltr Land Use Hap - Staff CDAC Letter Letters to ZAC Lattner and Hammel Memo Lbs 10 Hartig Lb- Ruppel Ltr Trausch Lb- McDermott Ltr Bichell Letter Suggested Notion NOTE: Additional material for this agenda item will be delivered on Friday. 296 North Grandview - Request to Rezone Proof of publication on notice of hearing to consider a request from James Heckmann and Tim and Malin Boge to rezone property located at 296 No~th Grandview Avenue from R-1 Single-Family Residential District to OR Office Residential District and Zoning Advisory Commission recommending denial. Communication from James Heckmann in support of the proposed rezoning. (Provided as hard copy.) Communication from Carol Ruden, Re/Max Advantage, in support of the rezoning. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 296 North Grandview Avenue from R-1 Single-Family Residential District to OR Office/High Density Multi-Family Residential District Suggested Disposition: Receive and File; Concur with Denial; o~r Motion B; Motion A (Super Majority Vote Necessary) Grandview - ZAC Lb- Grandview - Staff Grandview - Grandview - Map Report Application Grandview - Ordinance Suggested Motion Ruden lb' 1320 Locust - Request to Rezone Proof of publication on notice of hearing to consider a request from Alfred Kopczyk to rezone property located at 1320 Locust from C-4 Downtown Commercial District, with conditions, to OC Office Commercial Distdct 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 at 1320 Locust from C-4 Downtown Commercial District, with conditions, to OC Office Commercial District 11 m Suggested Disposition: Receive and File; Motion B; Motion A Locas~ - ZAC Lb' Locust - Staff Report Locust - Application Locust - Hap Locust ~ Ordinance Suggested Notion REINSTATE THE RULES ACTION ITEMS Cedar Crest Subdivision - Final Plat Zoning Advisory Commission recommending approval of the final plat of Cedar Crest Subdivision as requested by Buesing and Associates/Dan Conrad. RESOLUTION Approving the final plat of Lots 1-33, inclusive, of Cedar Crest Subdivision in Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution Hwy 20 - ZAC Ltr Hwy 20 - Staff Hwy 20 - Resolution Hwy 20 - Application Hwy 20 - Plat and Report Haps Stormwater Utility Citizens Advisory Committee Mike PorLzen, Chairperson of the Stormwater Utility Citizens Advisory Committee, submitting their final report. Suggested Disposition: Receive and File CAC Letter Klauer Manufacturing Company City Manager recommending approval of an Offer to Buy Real Estate and Acceptance for the property on the Fourth Street Peninsula owned by Klauer Manufacturing Company and in recognition of the $250,000 cash and land donation it is recommended that the plaza directly adjacent and east of the Grand River Center be named the W.J. Klauer Plaza. RESOLUTION Approving an Offer to Buy and Acceptance for the purchase of certain real estate in Dubuque County, Iowa from Klauer ManUfacturing Company 12 Suggested Disposition: Receive and File; Adopt Resolution; Approve Naming Klauer - MVM Memo KJauer - Staff Memo Purchase - Offer to Buy Resolution Bell Street Sidewalk Color Pattern City Manager recommending approval of a proposed change to the design of the Bell Street sidewalk, which is currently out for bid, which would revise the sidewalk pattem to match the buff and white/gray concrete pattem around the Portside building and revise the crosswalk at Fifth and Bell Streets. Suggested Disposition: Receive and File; Approve Bell St - MVM Meme Bell St - Staff Memo Portside BIdg Sidewalk Zmage Concrete Bell and F~th Image Iowa League of Cities Conference City Manager recommending approval for the City to submit a bid to the Iowa League of Cities to host the annual conference in 2007, to budget $8,400 for expenses associated with the conference, and to appoint a City Council Member to serve as the City's representative in planning the Conference. Suggested Disposition: Receive and File; Approve; Council Appointment League - HVM Memo Bid Information Memorandum of Understanding with Lower Main Development, LLC City Manager recommending approval of a Memorandum of Understanding with Lower Main Development, LLC, concerning the acquisition and renovation of the former Weber Paper Building, owned by Dubuque Initiatives. RESOLUTION Approving a Memorandum of Understanding with Lower Main Development, LLC Suggested Disposition: Receive and File; Adopt Resolution MOU - MVM Memo MOU - Staff Memo MOU - ResoluUon Memo of Understanding 13 = = City Priorities and Issues: Washington, D.C. City Manager recommending approval of the City of Dubuque Priorities and Requests for Federal Appropriations. Suggested Disposition: Receive and File; Approve Priorities - ~ Priorities - Sf. aff Memo Memo City Priorities Federal Register Article Graduated Gaming Tax City Manager submitting a letter to State legislators asking for support for a graduated gaming tax. Suggested Disposition: Receive and File Gaming Tax Ur A~achment 1 At'cachment 2 Address List = Arts and Culture Task Force Communication from Jerry Enzler, Executive Director of the Dubuque County Historical Society, requesting Council consideration to include a raprasentative of the Society to the recently created Arts and Culture Task Force. Suggested Disposition: Receive and File; Council Enzler Letter 10. Council Appointment - Airport Commission Appointment of a Council Member (currently Council Member John Markham) to the Airport Commission for a term to expire January 15, 2004. Suggested Disposition: Receive and File; Council Appointment 14 11. Fiscal Year 2004 Operating Budget and Capital Improvement Program City Manager presenting the Fiscal Year 2004 Operating Budget and Capital Improvement Program. Suggested Disposition: Receive and File Budget Memo COUNCIL MEMBER REPORTS PUBLICINPUT 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 January 16, 2003 15