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10 20 03 Agenda with IconsCITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:30 P.M. LIBRARY AUDITORIUM MONDAY, OCTOBER 20, 2003 INVOCATION Sister Mary Kivlahan, OSF, Pastoral Associate, Holy Trinity Catholic Church PROCLAMATIONS Red Ribbon Week (October 23 - 31, 2003) 2-1-1 Month (November, 2003) Red Ribbon Week 2-1-1 Month PRESENTATION Dubuque Initiatives to Provide Information on Minor League Baseball in DubUque Suggested Disposition: Receive and File; Council Direction CONSENTITEMS The consent agenda items are considered to be routine and non-controversial and all consent items will be normally voted upon ina 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 9/22; Cable TV Regulatory Commission of 10/10; Cable Community Teleprogramming Commission of 10/7; City Council of 10/6; Civil Service of 9/18 and 10/8; Housing Code Appeals Board of 9/16; Human Rights Commission of 9/8; Joint City/County Planning Committee of 9/22; Mechanical Board of 10/1; Zoning Board of Adjustment of 9/25 Proof of publication of City Council Proceedings for September 15 and 26, 2003 Printed Council Proceedings for August, 2003 Finance Director submitting the City of Dubuque Financial Reports for month ending September 31,2003 Suggested Disposition: Receive and File; Approve as Printed Airport Cable ~ 9/10 Cable - 10/7 City Council Civil Service - 9/18 Civil Service - 10/8 Housing Code Human Rights .loint Planning ZBA Hechanicai Bd Proceedings Notice of Claims/Suits Michael W. Sand for vehicle damage; James C. Walgren for vehicle damage; Raymond Worden, Jr. and Bambi Worden vs. City of Dubuque Suggested Disposition: Receive and File; Refer to Legal for Investigation/Report Corporati_on Counsel advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: James Waigren for vehicle damage Corporation Counsel recommending settlement of the claim of Kristina Keuter for vehicle damage and James Mess for towing charges and directing the Finance Department to issue proper payment. Corporation Counsel recommending that the claim of Michael Sand for vehicle damage be referred to River City Paving. Suggested Disposition: Receive and File; Concur Claims - [CAP Claims - Settled Claim - Referred Citizen Communications Communication from Tim Laehn regarding a program he has initiated in Allison, Iowa to welcome new residents. Request of Bob Felderman, representing Edward Walz, for a two-hour parking zone in front of 1365-1367-1385-1399 Jackson Street. Suggested Disposition: Receive and File; Refer to the CitY Manager Laehn Ltr Felderman Ltr Eagle Food Centers, Inc. Notices of filing in the United States Bankruptcy Court for the Nor[hem District of Illinois Eastem Division by Eagle Food Centers, Inc., et al. (Note: Documents on file in the City Clerk's Office.) Suggested Disposition: Receive and File Tax Appeal Corporation Counsel submitting a Stipulation of Settlement of two tax assessment appeals for property located at 1105 Grove Terrace (the Hancock House). Suggested Disposition: Receive and File; Approve Tax Appeal - BAL Lb' Notice of Settlement Stipulation of Settlement Civil Service Commission Civil Service Commission submitting the certified list for the position of Equipment Operator I1. Suggested Disposition: Receive and File; Make a Matter of Record Equipment Operator II Lb' Letter of Appreciation Communication from Nancy B. Ciapalo thanking the City Council for the recent action regarding the Chestnut Street reconstruction project. Suggested Disposition: Receive and File Ciapalo Ltr Iowa Department of Transportation ' Communication from the Iowa Department of Transportation submitting Iowa's Mississippi River Trail (MRT) Plan and requesting that the City review the plan. Suggested Disposition: Receive and File; Refer to the City Manager 3 IDOT Ltl' Plat of Survey - Lot 1 and Lot 2 of White's Place Zoning Advisory Commission recommending approval of the Plat of Survey of Lot 1 and Lot 2 of White's Place as requested by the City of Dubuque. RESOLUTION Approving the plat of survey of Lot 1 and Lot 2 of White's Place No. 2 Suggested Disposition: Receive and File; Adopt Resolution White's - ZAC Ltr White's - Staff Memo White's - Map White's - Resolution 10. Final Plat- Medical Associates Subdivision No. 3 Zoning Advisory Commission recommending approval of the final plat of Medical Associates Subdivision No. 3 at the end of Aggie Street as requested by Bob Hartig. RESOLUTION Approving the final plat of Medical Associates Subdivision No. 3 in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution Hartig - 7_AC Lb. HartJg - Application Ha~dg - Map HarUg - Plat HarUg - Staff Memo Har~ig - Resolution 11. Final Plat - Sullivan's 2nd Addition Zoning Advisory Commission recommending approval of the final plat of Sullivan's 2nd Addition as requested by James Sullivan. RESOLUTION Approving the final plat of Sullivan's 2nd Addition in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution Sullivan - ZAC Lb' Sullivan - Application Sullivan - Map Sullivan - Plat Sullivan - Staff Memo Sullivan - Resolution 4 12. 13. 14. 15. Administrative Services Fee Renewal City Manager recommending approval of the administrative services fee renewal rates submitted by Alternative Service Concepts (ASC), the City's workers' compensation claims administrator. Suggested Disposition: Receive and File; Approve Renewal - MVM Renewal - Staff ASC - Renewal Rates ASC - Current Rates Memo Memo Chestnut Street (Highland to Cox) Reconstruction Project City Manager recOmmending award of the contract for the Chestnut Street (Highland to Cox) Reconstruction Project to WC Stewart Construction Co., in the amount of $471 ,$23.09. RESOLUTION Awarding contract to WC Stewart Construction Co. Suggested Disposition: Receive and File; Adopt Resolution Chestnut - MVM Chestnut - Staff Chestnut - Chestnut - Bid Tab Memo Memo Resolution Railroad Depot Restoration Project City Manager recommending acceptance of the Railroad Depot Restoration Project - Lighting Fixtures as completed by Morse Electric, Inc., in the final contract amount of $28,061.90. RESOLUTION Accepting improvement RESOLUTION Approving final contract amount of $28,061.90 Suggested Disposition: Receive and File; Adopt Resolutions Railroad - MVM Mere, Railroad ~ Staff Railroad - Resolution Memo #2 Railroad - ResoluUon #1 White Street Reconstruction Project City Manager recommending acceptance of the White Street Reconstruction Project as completed by WC Stewart Construction Co., in the final contract amount of $2,757,473.33. RESOLUTION Accepting improvement RESOLUTION Approving final contract amount of $2,757,473.33 5 16. 17. 18. Suggested Disposition: Receive and File; Adopt Resolutions White - MVM Memo White - Resolution #2 White - Stafl Memo White - Resolution #1 White - Rnal Cost Fiber Optic Connection Project City Manager recommending acceptance of the Fiber Optic Connection Project between the City Network and the Port of Dubuque as completed by Volkens Excavating in the final contract amount of $11,625. RESOLUTION Accepting improvement RESOLUTION Approving final contract amount of $11,625. Suggested Disposition: Receive and File; Adopt Resolutions Fiber Optic - NVM Fiber Optic - Staff Fiber Optics - Fiber Optic - Fiber Optic - Final Memo Memo Resolution #1 Resolution #2 Cost Library Roof Replacement Project City Manager recommending acceptance of the Library Roof Replacement Project as completed by Jim Giese Commercial Roofing in the final contract amount of $44,378. RESOLUTION Accepting improvement RESOLUTION Approving final contract amount of $44,378 Suggested Disposition: Receive and File; Adopt Resolutions Roof- MVM Memo Library - Staff Memo Library - Resolution #1 Library - ResoluUon #2 Helping Services for Northeast Iowa Subcontract City Manager recommending approval of a subcontract agreement with Helping Services of Northeast Iowa for Police Officers to participate in the Iowa Department of Health Drug and Violence Prevention Grant. Suggested Disposition: Receive and File; Approve Subcontract - MVM Memo Subcontract - Staff Subcontrac~ Memo 19. Iowa Chicago & Eastern Railroad Agreements City Manager recommending approval of agreements with the Iowa Chicago & Eastern Railroad for the installation of a five-inch fiber optic conduit and the construction of a railroad switch for Flynn Ready-Mix Concrete. RESOLUTION Approving agreement with the Iowa Central & Eastern Railroad for the installation of a five-inch fiber optic conduit at 17th and Elm Street RESOLUTION Approving agreement with the Iowa Central & Eastern Railroad for the. construction of a railroad switch and rail extension for the Flynn Ready-Mix Concrete Co. railroad spur Suggested Disposition: Receive and File; Adopt Resolutions Railroad - MVM Hem, Railroad - Staff Railroad - ResoluUon Railroad - Resolution Lease Agreement Memo #1 #2 Track Agreement 20. Agreement with Hillcrest Family Services City Manager recommending approval of an agreement with Hillcrest Family Services for use of Murphy Park from November 1st through January 4th to set up a holiday light display. Suggested Disposition: Receive and File; Approve Hillcrest - MVM Mem, Hitlcrest - Staff Mere( Hillcres~ - Agreemen! 21. Business License Refund Request of Kwik Trip, Inc. for a refund of the cigarette license for the Tobacco Outlet Plus at 66 West 32nd Street and Eagle Food Center at 1800 Elm Street. Suggested Disposition: Receive and File; Approve 22. Business Licenses RESOLUTION Granting the issuance of a Class "C" Beer/Liquor License to Rainbow Lounge, Europa Haus and Bierstube, Channel Inn, and Carlos O'Kelly's; and Special Class "C" Liquor License to Grape Harbor Suggested Disposition: Adopt Resolution 7 ResoluMon ITEMS TO BE SET FOR PUBLIC HEARING Sale of City Property - Medical Associates Subdivision City Manager recommending that a public hearing be set for November 3, 2003 to consider a request from Oak Park Place of Dubuque, LLC, the developer of Lot 10 of Medical Associates Subdivision, to pumhase Lots 1, 2 and 3 of Medical Associates Subdivision. RESOLUTION of Intent to dispose of City interest in Lots 1, 2, and 3 of Medical Associates Subdivision No. 3 in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 11/3/03 Sale - MVM Memo Same - Staff Memo Sale - Resolution Sale - Maps 2003 Local Law Enforcement Block Grant Funds City Manager recommending that a public hearing be set for November 3, 2003 regarding the 2003 Local Law Enfomement Block Grant award. Suggested Disposition: Receive and File; Public Hearing 11/3/03 Block Grant - MVM Block Grant - Staff Memo Memo Ice Harbor Pump Auxiliary Power Project City Manager recommending initiation of the bidding process for the Ice Harbor Pump Auxiliary Power Project and setting a public hearing for December 1,2003. RESOLUTION Preliminary approval of plans and specifications RESOLUTION Fixing date of hearing on plans and specifications RESOLUTION Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 12/1/03 Pump - MVM Memo Pump - Staff Memo Pump ~ Resolutions 8 COunty Farm Interceptor Sewer Connection Fee City Manager recommending that a public hearing be held on November 17, 2003 to consider establishing the County Farm intemeptor sewer connection fee at $500 per acre. RESOLUTION Providing for notice of the date, time and place of a public headng on an Ordinance establishing a connection fee for the County Farm Sanitary Interceptor Sewer Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 11/17/03 Sewer Fee - MVIVi Sewer Fee - Staff Sewer Fee - Sewer Fee - Memo Memo Resolution Ordinance BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Boards/Commissions: Environmental Stewardship Advisory Commission (One youth member for a one-year term and two 3-year terms through 10/1/06): Applicants: Stephanie Beecher (Youth); Joseph D. Suarez Historic Preservation Commission (One unexpired term through 7/1/05 for Old Main District; two 3-year terms through 7/1/06 for At-Large) Applicants: James E. Gibbs (At-Large); Matthew Lundh (At-Large); Angella Madatt (At- Large); David C. Stuart (At-Large) Overview Sheet Bd and Corem Us~ ESAC Apps HPC Apps PUBLIC HEARINGS SUSPEND THE RULES Grandview Avenue United Methodist Church Proof of publication on notice of hearing to consider rezoning property located at 419 and 485 North Grandview/1755 Bennett Street/1730 Grace Street from R-1 Single- Family Residential Distdct to C-2 Neighborhood Shopping Center District at the request of the Grandview Avenue United Methodist Church/Ambrose and LaVerne Klein/Shane Klaas/Robert and Naoko Crippes/Richard Hartig and Zoning Advisory Commission recommending approval. Communications in support of the rezoning and communications in opposition to the rezoning (in excess of 20 percent). 9 ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 419 North Grandview Avenue from R-1 Single-Family Residential District to C-2 Neighborhood Shopping Center District Suggested Disposition: Receive and File; Motion B; Motion A (Super Majority Vote Necessary) Church - ZAC Ltr Church ~ Ordinance Church - Opposition Church - Applications Supplemental Map Information Church - Staff Church - Support Montes'sod Ltrs Petition - Opposing Report Lbs Petition #2 - Opposition Lbs Comments / Dotson Ltr Suggested Motion Opposing Drawings John Kretz/Perfection Oil Company Proof of publication on notice of hearing to consider rezoning property located at 3136/3146 Central Avenue from R-3 Moderate Density Multi-Family Residential District to C-2 Neighborhood Shopping Center District at the request of John Kretz/Perfection Oil Company 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 3136/3146 Central Avenue from R-3 Moderate Density Multi-Family Residential District to C-2 Neighborhood Commercial District Suggested Disposition: Receive and File; Motion B; Motion A Kretz - ZAC Ltr Kretz - Application Kretz - Exhibit Kretz - Drawings Kretz - Photo #1 Kretz - Photo #2 Kretz - Staff Report Kretz - Ordinance C2 Zoning Regs Suggested Notion Joel Callahan - Seippel Road North of the Dubuque Industrial Center West Proof of publication on notice of hearing to consider rezoning property located west of Seippel Road, north of the Dubuque Industrial Center West, from County R-2 Single- Family Residential Distdct to City CS Commercial Service and Wholesale District and LI Light Industrial District, in conjunction with annexation, at the request of Joel Callahan and Zoning Advisory Commission recommending approval. 10 ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located along with west side of Seippel Road from Dubuque County R-2 Single-Family residential District to City of Dubuque CS Commercial Service and Wholesale District and LI Light Industrial District, with conditions, concurrent with annexation Suggested Disposition: Receive and File; Motion B; Motion A CaIiahan - ZAC Ltr Caliahan - Road Callahan - Callahan - Exhibit Callahan - Sheet #1 Memo Application Callahan - Sheet #2 Callahan - Sheet #3 Oppos~on Ltr Callahan - Staff Report CS & 1.1 Zoning Regs Land Use Hap Suggested Motion Callahan - Ordinance The Cafaro Company - Request to Amend Planned Unit Development District Proof of publication on notice of hearing to consider a request from The Cafaro Company for property located at 555 John F. Kennedy Road to amend the Planned Unit Development with a PC Planned Commercial District to require one parking space for every 250 square feet of GLA (gross leasable area) to allow for an additional 82,000 square feet of new GLA and amend the sign regulations for Kennedy Mall and Zoning Advisory Commission recommending approval. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances for the hereinafter described property located at 555 John F. Kennedy Road and adopting a new Conceptual Development Plan and Ordinance for the Kennedy Mall PUD Planned Unit Development Suggested Disposition: Receive and File; Motion B; Motion A Mall - ZAC Ltr Cataro - Staff Report Cafaro - Application Cafaro - Proposed Cafaro - Drawing Cafaro - Site Plan Parking Standards Sign Cafaro - Ordinance Suggested Motion Tunnel Easement Agreement - Dubuque Bank and Trust Proof of publication on notice of hearing to consider a tunnel easement agreement with Dubuque Bank and Trust for construction of a tunnel to connect two buildings on the east and west side of Central Avenue between 13th and 14th Streets and City Manager recommending approval. 11 RESOLUTION Disposing of a portion of the City's interest under a portion of Central Avenue between 13th and 14~ Streets in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution DB&T - MVM Memo DB&T - Staff Memo DB&T - Resol,~don Material from October 6, 2003 Meeting DB&T - MVM Hemo DB&T - Staff Memo DB&T - ResoluUon DB&T Request DB&T - E~hibit A Agreement Vacating Petition - John F. Kennedy Road Easement Proof of publication on notice of hearing to consider disposing .of City interest and vacating a portion of the John F. Kennedy roadway and utility easement to Grand View United Methodist Church and City Manager recommending approval. RESOLUTION Disposing of interest and vacating a portion of the John F. Kennedy roadway and utility easement over Lot 1 and Lot 2 of Barton Randle Addition in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution 3FK - MVM Memo .1FK - Staff Memo 3FK - Resolution Material from October 6, 2003 Meeting 3FI( Vacate - MVM ~IFK Vacate - Staff 3FK Vacate - 3FK Release of 3FK - Vicinity Map Memo Memo Resolution Easement .IFK - Exhibit A .1FK Vacate - Request Ltt 12 General Obligation Capital Loan Notes Proof of publication on notice of hearing to consider the issuance of not to exceed $500,000 General Obligation Capital Loan Notes to support the Adams Company expansion project at the Dubuque Industrial Center West and City Manager recommending approval. RESOLUTION Instituting proceedings to take additional action for the authorization of a loan agreement and the issuance of not to exceed $500,000 General Obligation Capital Loan Notes Suggested Disposition: Receive and File; Adopt Resolution GO Loan - MVM GO Loan - Staff Memo Memo GO Loan - Resolution Material from October 6, 2003 Meeting Adams Co - I',IVM Memo Adams Co - Noth Ltr Adams Co - Staff Adams Co - Memo Resolution Eagle Point Water Plant Chemical Compound and Roof Addition Project Proofs of publication on notice of hearing on plans and specifications and notice to bidders on the receipt of bids, and City Manager recommending award of the contract for the Eagle Point Water Plant Chemical Compound and Roof Addition Project to Kluck Construction Company. RESOLUTION Adopting plans and specifications for the project RESOLUTION Awarding contract to Kluck Construction Suggested Disposition: Receive and File; Adopt Resolutions Roof - MVM Memo Roof - Staff Memo Roof - Resolutions Eagle Point Water Plant ADA Renovation Project Proofs of publication on notice of hearing on plans and specifications and notice to bidders on the receipt of bids, and City Manager recommending rejection of the bids received for the Eagle Point Water Plant ADA Renovation Project. RESOLUTION Rescinding Resolution No. 333-03 Preliminary approval of the plans and specifications for the renovation of the Eagle Point Water Plant at 1902 Hawthorne Street, Dubuque, Iowa to the American Disability Act standards 13 Suggested Disposition: Receive and File; Adopt Resolution ADA - MVM Memo ADA - Staff Memo ADA - Reselution REINSTATE THE RULES~ ACTION ITEMS Establishment of the Warehouse Neighborhood Demolition District Communication from the Historic Preservation Commission recommending City Council approval of an amendment to the Demolition District Ordinance that would establish the Warehouse Neighborhood Demolition District. ORDINANCE Amending Chapter 11 (Building Regulations) of the City of Dubuque Code of Ordinances by amending Section 11-4(a) by creating the Warehouse Neighborhood Demolition District Suggested Disposition: Receive and File; Motion B; Motion A Warehouse - HPC Lb' Warehouse - Property Owner List Proposed Disb.ict Gronen Ltr Ordinance Q & A's HFC Minutes - .lune HPC Minutes - July Warehouse - Form Let[ers Lb' Suggested Motion Freedom Ridge Estates - Preliminary Plat Zoning Advisory Commission recommending approval of the preliminary plat of Freedom Ridge Estates located on the north side of Oakland Farms Road in Dubuque County as requested by John and Tina Perry. Suggested Disposition: Receive and File; Approve Plat - ZAC Memo Perry - Application Perry - Map Perry - Plat Perry - Staff Report 14 Administrative Fee - Police Authorized Vehicle Impoundments City Manager recommending approval of an amendment to the Code of Ordinances to provide for a $20.00 administrative fee for the towing and impoundment of vehicles by the Police Department. ORDINANCE Amending the City of Dubuque Code of Ordinances Section 32-432 Unauthorized Removal of Vehicle by adding the requirement of payment of an administrative fee to the City of Dubuque before an impounded vehicle can be removed from a facility where it is being held Suggested Disposition: Receive and File; Motion B; Motion A Fee - MVM Memo Fee - Staff Memo Fee - Ordinance Purchase of Real Estate at 1911 Windsor Avenue City Manager recommending approval of the purchase of a single-family dwelling located at 1911 Windsor Avenue. RESOLUTION Approving the acquisition of real estate located at 1911 Windsor Avenue in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution Purchase - MVM Purchase - Staff Purcahse - Memo Memo Resolution Key West Drive Signage/Parking City Manager recommending that parking be prohibited on both sides of Key West Drive from Maquoketa Drive to the southerly City limits and that the existing stop signs at this intersection be added to the City's Code of Ordinances. 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 by adding a portion of Rockdale Road and Key West Ddve ORDINANCE Amending the Code of Ordinances of the City of Dubuque, Iowa, by modifying Subsection (b) of Section 32-214 thereof providing for the addition of stop signs on Key West Drive and Rockdale Road Suggested Disposition: Receive and File; Motion B; Motion A Key West - MVM Key West - Staff Key West - Key West - Suggested Motion Memo Memo Ordinance #1 Ordinance #2 15 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 cleady. 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) 2003 Code of Iowa Collective Bargaining Strategy - Chapter 20.17(3) 2003 Code of Iowa Jeanne F. Schneider October 16, 2003 16