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1 19 04 Agenda with iconsCITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 3:00 P.M. FIVE FLAGS CIVIC CENTER - ORPHEUM ROOM MONDAY, JANUARY 19, 2004 INVOCATION Reverend Tom Mason, Captain of the Salvation Army 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 of 12/8; City Council of 12/18 and 1/5; Civil Service Commission of 10/28, 11/5 and 12/4; Community Development Advisory Commission of 12/2 and 12/10; Downtown Planning Committee of 12/8; Histodc Preservation Commission of 12/18; Human Rights Commission of 12/8; Library Board of 7/24, 8/8, 8/28, 9/16, 9/25, 10/23, 11/20, 11/25, and 12/4; Zoning Advisory Commission of 1/7; Zoning Board of Adjustment of 12/18 Proof of publication of List of Claims and Summary of Revenues for month ending November 30, 2003; Financial reports for month ending December 31, 2003. Suggested Disposition: Receive and File Airport Civil Service - 12/4 CDAC - 12/2 Human Rights Ubrary - 7/24 Ubrary - 10/23 Council - 12/18 Coundl - I/8 Civil Service - 10/28 Civil Service - 11/5 CDAC- 12/10 Ubrary - 8/8 Library - 11/20 Library - 11/25 Library - 12/4 Zoning Advisory Zoning Bd of Adj Downtown Planning Ubrary - 8/28 Library - 9/16 Library - 9/25 Notice of Claims/Suits Debra Ann Avenarius for personal injury; James K. Clark for property damage; Deborah Cue for personal injury; Norma Furry for property damage; John Sabers for property damage; Luvem H. Stockel for property damage; TFM Company for property damage Suggested DispositiOn: Receive and File; Refer to Legal for Investigation/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: Debra Ann Avenarius for personal injury; Deborah Cue for personal injury; Allison Lot[ for property damage; John Sabers for property damage; Luvern Stockel for property damage; TFM Company for property damage Corporation Counsel recommending settlement of the claim of James K. Clark for property damage and directing Finance Department to issue payment. Suggested Disposition: Receive and File; Concur; Finance to Issue Payment Claims - ICAP Claim - Settled Citizen Communications Communication from Mary Jungbluth regarding the mediation session between Sunnyslope property owners and QHQ Properties. Communication from Sister Margaret Ann Willging submitting proposals for City Council consideration. Suggested Disposition: Receive and File 3ungbluth Lb' Willging lb' LeClere Agreement City Manager recommending approval of an agreement with Thomas and Rebecca LeClere, 1195 Thomas Place, for the installation of sanitary sewer service to their home. Suggested Disposition: Receive and File; Approve LeClere - MVM Memo LeClere - Staff Memo LeClere Agreement 2 Dubuque Metropolitan Area Solid Waste Agency Communication from Jan Hess, Secretary of the Dubuque Metropolitan Area Solid Waste Agency, submitting the Agency's tipping fees for Fiscal Year 2005 along with a summary of the Fiscal Year 2005 budget. Suggested Disposition: Receive and File DMASWA Budget Request to Demolish Historic Preservation Commission recommending approval of a request from the City of Dubuque to demolish a one-story concrete addition to the Star Brewery Building. Suggested Disposition: Receive and File; Approve Demolition - HPC Ltr Notice of Decision White Water Creek Bridge City Manager recommending approval of a Historic Resource Development Program (HRDP) grant application for relocation of the historic White Water Creek Bridge. RESOLUTION Authorizing grant application for HRDP funds for relocation of the historic White Water Creek Bddge Suggested Disposition: Receive and File; Adopt Resolution Bridge - MVM Memo Bridge - S~ff Memo Bddge - Resolution Bridge - Hap HRDP Application Bridge - Pictures Eagle Food Centers, Inc. Notice of hearing in the United States Bankruptcy Court to consider approval of the disclosure statement of Eagle Food Centers, Inc. and four of its subsidiaries and affiliates. Suggested Disposition: Receive and File 3 Eagle Notice Urban Transit Contracts City Manager recommending approval of Urban Transit Contracts with Area Residential Care, Mt. Saint Francis, and Sunnycrest Manor. Suggested Disposition: Receive and File; Approve Transit - MVM Memo Transit - Staff Memo Transit - Keyline ARC Contract Mt, St. Francis Memo Contract Sunnycrest Contract 10. Four Mounds Foundation Christine Happ Olson, Executive Director - Four Mounds Foundation, requesting that the City sign an owner consent form for a grant application to the State Historical Society of Iowa for funding to restore the structurally damaged Porte Cochere at the historic Grey House at Four Mounds. Suggested Disposition: Receive and File; Approve Four Mounds Ltr li. Designation of Fiscal Officers City Manager recommending approval of the designation of Finance Department employees to obtain bank account information and make transfers between City of Dubuque bank accounts within a banking institution. RESOLUTION Authorizing certain City of Dubuque Finance Department employees to obtain bank account information and make transfers between City of Dubuque bank accounts within a banking institution Suggested Disposition: Receive and File; Adopt Resolution Accounts - MVM Accounts - Staff Accounts - Memo Memo Resolution 4 12. 13. 14. Authorized Depository Institutions City Manager recommending approval of adding State Central Bank as an authorized depository institution for the City of Dubuque. RESOLUTION Naming Depositories Suggested Disposition: Receive and File Depositories - MVM Depositories - Staff Depositories Memo Memo Resolution Shepherd Company - CEBA Contract City Manager recommending approval to execute a $100,000 Community Economic Betterment Account (CEBA) loan agreement to support Shepherd Company's relocation to downtown Dubuque. RESOLUTION Authorizing the execution of a Community Economic Betterment Account loan agreement for One Hundred Thousand Dollars ($100,000) with Shepherd Incorporated Suggested Disposition: Receive and File; Adopt Resolution CEBA - ~ Memo CEBA - Staff Memo CEBA - Resolution CEBA Loan Agreement Lead Based Paint Hazard Abatement Program and Housing Trust Program City Manager recommending approval of the publication of a Notice of Intent to Request Release of Community Development Block Grant (CDBG) Funds for the Lead Paint Hazard Abatement Program and Housing Trust Fund Program. RESOLUTION Authorizing publication of a Notice of Intent to Request Release of Community Development Block Grant Funds for Lead Paint Hazard Abatement Program and Housing Trust Fund Suggested Disposition: Receive and File; Adopt Resolution Release ~ MVM Mem( Release - Staff Release -Resolution Memo Exhibit A Release of Funds Request 5 15. U.S. Department of Housing and Urban Development Communication from the U.S. Department of Housing and Urban Development (HUD) acknowledging receipt of the second amendment to the City's Community Development Block Grant Annual Action Plan. Suggested Disposition: Receive and File HUD Ltr 16. Business License Refund Request from Marvin Rapp, Cue Master Billiards, for a refund of his cigarette license ~n the amount of $50.00. Suggested Disposition: Receive and File; Approve i7. Business Licenses RESOLUTION Granting the issuance of a Class "B" Beer Permit to UAW Local 94; and Class "C" Beer Permit to Awn Stop Mart, Dubuque Discount Gas, Iowa Potato & Produce House, Hy-Vee #2 RESOLUTION Granting the issuance of a Class "B" Wine Permit to Hy-Vee #2 Suggested Disposition: Adopt Resolutions Resolution #1 Resolution #2 ITEMS TO BE SET FOR PUBLIC HEARING Old Mill Road Property - Lease Agreement City Manager recommending that a public hearing be set for February 16, 2004, to consider a lease agreement with David Hartig for four properties on Old Mill Road which the City acquired through the Hazard Mitigation Grant Program (HMGP) and which must remain open green space as a condition of the HMGP program. RESOLUTION Establishing a public hearing for the disposition of Old Mill Road property Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 2/16~04 6 Properties ~ MVM ECIA Letter Hartig Ltt Memo Resolution Fiscal Year 2005 Annual Action Plan City Manager recommending that a public headng be set for February 24, 2004 to consider approval of the proposed Fiscal Year 2005 Annual Action Plan. RESOLUTION Setting a public hearing on the Program Year 2004 (Fiscal Year 2005) Community Development Block Grant (CDBG) Annual Action Plan Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 2/24/04 Action Plan - MVM Action Plan - Staff Action Plan - Annual Action Plan Memo Memo Resolution = PUBLIC HEARINGS SUSPEND THE RULES Madison Street Sanitary Sewer Extension Project Proof of publications on notice of hearing, notice to bidders and notice to property owners and City Manager recommending award of the contract for the Madison Street Sanitary Sewer Extension Project to Top Grade Excavating in the amount of $90,460.09. RESOLUTION Adopting plans and specifications RESOLUTION Awarding contract RESOLUTION With respect to the adoption of the Resolution of Necessity proposed for the Madison Street Sanitary Sewer Extension Project Suggested Disposition: Receive and File; Adopt Resolutions Madison - MVM Mere, Madison - Staff Memo Madison - Madison - Bid Tab ResoJutJons Kivlahan Farms LC - RequeSt to Rezone Proof of publication on notice of hearing to consider rezoning property on Bittersweet Lane (north of John F. Kennedy Road and West 32nd Street) from R-3 Moderate Density Multi-Family Residential Distdct to PUD Planed Unit Development District with a PR Planned Residential designation as requested by Kivlahan Farms LC and Zoning Advisory Commission recommending approval. 7 ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located west of Honeysuckle Lane from R-3 Moderate Density Multi-Family Residential District to PUD Planned Unit Development District with a PR Planned Residential District designation and adopting a Conceptual Development Plan with conditions Suggested Disposition: Receive and File; Motion B; Motion A Kk, lahan- ZAC Ltr Kivlahan - Applicatior Kivlahan - Staff KJvlahan - Ordinance Kiv[ahan - PUD Report Kiv[ahan - Map Suggested Motion Radford Road - Request to Rezone Proof of publication on notice of headng to consider rezoning property in the i700 block of Radford Road from AG Agricultural District to C-3 General Commemial District as requested by Steve Schueller 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 in the 1700 block of Radford Road from AG Agricultural District to C-3 General Commercial District, with conditions Suggested Disposition: Receive and File; Motion B; Motion A Radford - ZAC Ltr Schueller - 5chueller - Vicinity Schueller - Staff Application Map Report Radford - Ordinance Suggested Motion Fiscal Year 2004 Budget Amendment Proof of publication on notice of hearing to consider an amendment to the Fiscal Year 2004 budget and City Manager recommending approval. RESOLUTION Amending the Fiscal Year 2004 budget Suggested Disposition: Receive and File; Adopt Resolution Amendment - MVM Amendment - Memo Reso~utJon 8 Material from January 5, 2004 Meeting Amendment - MVM Amendment - Staff Amendment - Budget Amendment Memo Memo Resolution REINSTATE THE RULES ACTIONITEMS Highway 52 South - Request to Rezone (Second Reading on 115104) ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located southeast of Highway 61/151 and Highway 52 intersection from C-3 General Commemial District to MHI Modified Heavy Industrial District, with conditions Communication from the Dubuque County Board of Supervisors requesting that action on this item be tabled until the appropriate Iowa Department of Transportation studies are completed and an IDOT public headng has been held. Copy of communication from the Dubuque County Board of Supervisors to Richard E. Kautz, Iowa Department of Transportation, requesting the Iowa Department of Transportation initiate a traffic study on Highway 151/61. Communication from Gareld Williams, 11126 Hwy 52 South, regarding slow moving concrete trucks. Communication from Richard Kaufman regarding the third reading and vote on the Apex Concrete rezoning request. Communication from Richard Kautz, Iowa Department of Transportation, regarding the Highway 151/61 intersection. Communication from John M. McDonald III in opposition to the proposed rezoning. Suggested Disposition: Receive and File; Motion A (Final Approval) Supervisom Lb- Supv Lb. to IDOT Williams Ltr Kaufmeo Lb' IDOT Letter McDonald Ltr Material from January 5, 2004 Meeting IDOT Letter and Rezoning - Diesel Exhaust Info Rezoning - Rezoning - Kane Lb' Area Video Permit Cavanaugh Ltr OpposiUon Lbs 9 Material from December 15, 2003 Meeting Mueller - ZAC Ltr Mueller - Application Muelter - Letters Mueller - Exhibit ~1 Mueller - Support Lbs & Petitions Opposition Petition Opposition Ltr Hue,er - Staff Muelter - Ordinance MH[ Zoning Uses Accident Data and Ltrs P. epod: Apex Powerpoint Climatic At]as Suggested Motion Carnegie Stout Public Library Annual Report Library Director Susan Henricks to present the Carnegie Stout Public Library Annual Report. Suggested Disposition: Receive and File Police Department Towing Contract City Manager recommending that the Fiscal Year 2003 - 2006 Towing Contract for the Dubuque Police Department be awarded to Wenzel Towing. Suggested Disposition: Receive and File; Approve Towing Contract Towing - Staff Memo Committee Steve Lb' Recommendation Adams Company - General Obligation Capital Loan Note City Manager recommending approval to pumhase a $500,000 General Obligation Loan Note from American Trust and Savings Bank to assist the Adams Company with their relocation to the Dubuque Industrial Center West. RESOLUTION Directing the acceptance of a proposal to purchase $500,000 General Obligation Capital Loan Notes Suggested Disposition: Receive and File; Adopt Resolution Adams - MVM Memo Adams - Staff Memo Adams - Resolution Recap of Proposals American Trust Lb' 10 = Ridgeway Park Subdivision - Final Plat City Manager recommending approval of the final plat of Ridgeway Park Subdivision in Dubuque County, Iowa as requested by Randy Hefel. RESOLUTION Approving final plat of Ridgeway Park Subdivision in Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution Ridgeway - MVM Memo Ridgeway - Staff Memo Ridgeway - Staff' Ridgeway - Hefel - Application Ridgeway - Final Plat Repo~ Resol~ion Renaming of Aggie Street Zoning Advisory Commission recommending that the name of Aggie Street be changed to Oak Park Place at the request of the City of Dubuque. ORDINANCE Renaming the street currently named Aggie Street to Oak Park Place Suggested Disposition: Receive and File; Motion B; Motion A Street I ~C ~ Aggie Street - Staff Aggie S~t I Ha,'Ug Memo Ltr Aggie Street - Ordinance S~ggested Motion Fiscal Year 2005 Budget Transmittal City Manager presenting the Fiscal Year 2005 Annual Operating Budget and Capital Improvement Program Budget. Suggested Disposition: Receive and File Budget Transmittal Message 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 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. Jeanne F. Schneider January 15,2004 11