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3 15 04 Agenda with Icons CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:30 P.M. LIBRARY AUDITORIUM MONDAY, MARCH 15,2004 INVOCATION Msgr. David Wheeler, St. Mary's Catholic Church CONSENT ITEMS 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. 1. Minutes and Reports Submitted City Council of 2/26; 3/1 and 3/3; Civil Service Commission of 1/23 and 2/11; Environmental Stewardship Advisory Commission of 3/2; Historic Preservation Commission of 2/24; Housing Commission of 1/27; Human Rights Commission of 2/9; Zoning Board of Adjustment of 2/25 Proof of publication of City Council Proceedings for 2/16 and 2/19 Printed Council Proceedings for month of December, 2003 Finance Director submitting the City of Dubuque Financial Reports for the month ending February 29, 2004 Library Board of Trustees Update from the meeting of February 26, 2004 Suggested Disposition: Receive and File; Approve as Printed ~ tfj ~ ~ Oty COuncil of 3/1 City COuncil of 3/3 CIVil Service of 1/23 Civil Service of 2/11 tfj ESAC ~ ~ ~ ~ ~ Human Rights HPC ZBA Proceedings Library Update 2. Notice of Claims/Suits Sarah J. Neis for vehicle damage; Mary Lou Ness vs. City of Dubuque, Iowa; St. Columbkille Catholic Church for property damage Suggested Disposition: Receive and File; Refer to Legal for Investigation/Report Corporation Counsel recommending settlement of the claim of St. Columbkille Catholic Church for property damage and directing the Finance Department to issue payment. Suggested Disposition: Receive and File; Concur; Finance Department to Issue Payment il Claim. Settied 3. Citizen Communication Communication from Connie Walsh, Administrative Director - Tri-State Pregnancy Center, regarding a sewer lateral break under the street at their business and requesting financial aid. Communications from the City Manager in response to the above request from Connie Walsh, Tri-State Pregnancy Center. Suggested Disposition: Receive and File il Tri-State Ltr tfj tfj il cp2 Application MVM Ltr of 3/4 MVM Ltr of 3/9 4. Iowa Department of Inspections and Appeals City Manager recommending approval of an Interagency 28E Agreement between the City of Dubuque and the Iowa Department of Inspections and Appeals for the performance of investigations in the Section 8 rental assistance program. Suggested Disposition: Receive and File; Approve tfj ~ ~ Section 8 - MVM Memo Section 8 - Staff Memo 28E Agreement 2 5. Delbert Miller - Carter Road Detention Basin Corporation Counsel advising that negotiations for property necessary for the construction of the Carter Road Detention basin have not been successful and recommending that the City commence with eminent domain proceedings. Communication from Brian J. Kane, representing Del Miller, regarding the City's proposed eminent domain proceedings for acquisition of the necessary property. RESOLUTION Authorizing the acquisition by eminent domain of certain real property owned by Delbert G. Miller in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution ~ ~ il D Miller' Kane Ltr D Miller - BAL Ltr D Miller - Resolution 6. Larry Miller - Carter Road Detention Basin Corporation Counsel advising that negotiations for an easement necessary for the construction of the Carter Road Detention basin have not been successful and recommending that the City commence with eminent domain proceedings. Communication from Brian J. Kane, representing Larry Miller, regarding the City's proposed eminent domain proceedings for acquisition of the necessary easement. City Manager response to concems expressed in communication from Brian J. Kane. RESOLUTION Authorizing the acquisition by eminent domain of certain real property owned by Larry W. and Kathy F. Miller in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution ~ tfj il L Miller - Kane Ltr tfj tfj L Miller - BAL Ltr L Miller - Resolution Response. MVM Memo Response-Staff Memo 7. Miller-Riverview Park Management Agreement City Manager recommending approval of a management agreement with Pat Felderman for Miller-Riverview Park. Suggested Disposition: Receive and File; Approve ~ ~ ~ Mgmt Agr - MVM Memo Mgmt Agr - Staff Memo Mgmt Agreement 3 8. Civil Service Commission Civil Service Commission submitting the certified list for the position of Solid Waste Agency Administrator and Cashier. Suggested Disposition: Receive and File; Make a Matter of Record ~ tfj Solid Waste Admin Ltr Cashier Ltr 9. John F. Kennedy Road Reconstruction - Final Assessments City Manager recommending approval of the final assessment schedule for the John F. Kennedy Road Reconstruction Project. RESOLUTION Adopting the final assessment schedule for the John F. Kennedy Road reconstruction Project (Spring Valley Road to Barony Drive) 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 ~ tfj ~ JFK - MVM Memo JFK - Staff Memo JFK - Resolution JFK Assessments 10. Establishment of Fair Market Value - Auto Glass Center City Manager recommending approval of the establishment of the fair market value of three properties currently owned by Elm Real Estate, LC (Auto Glass Center) that are needed as right-of-way for the realignment of University Avenue. RESOLUTION Establishing fair market value for the acquisition of certain real property owned by Elm Real Estate, LC in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution tfj tfj ~ [iJ) Fair Value' Map Value - MVM Memo Value - Staff Memo Value-Resolution 4 11. 12. 13. 14. Dubuque Industrial Center West - Chavenelle Drive Repair Work City Manager recommending acceptance of the $8,400 settlement from McAninch Corporation to pay part of the costs of the repairs needed to Chavenelle Drive in Dubuque Industrial Center West. Suggested Disposition: Receive and File; Approve ~ ~ EiJ DICW - MVM Memo Drcw - BAL Ltr Rehabilitation of 1195 Thomas Place City Manager recommending approval of an agreement with Anna Kim, the new owner of 1195 Thomas Place, extending the deadline to complete repairs required for installation of City sanitary sewer to April 1 , 2005, and putting the agreement in her name. Suggested Disposition: Receive and File; Approve tfj ~ ~ Thomas Place - MVM Memo Thomas Place - Staff Memo Anna Kim Agreemenl 2004 - 2005 Deer Management Plan City Manager recommending continuation of the Urban Deer Management Plan for the 2004 - 2005 season as was conducted this year, along with the changes in the any sex tag incentive. Suggested Disposition: Receive and File; Approve ~ tfj ~ ~ ~ Deer Plan - MVM Memo Deer Plan' Staff Memo Deer Plan Aertal Survey Deer Graph Mercy Health Center Banners City Manager recommending approval of a request from Mercy Health Center to install banners on City right-of-way that commemorate 125 years of service to the community. Suggested Disposition: Receive and File; Approve ~ ~ [iJ) Mercy - Request Ltr il Banner Drawing Mercy - MVM Memo Mercy - Staff Memo 5 15. Cedar Crest Subdivision - Preliminary Plat Zoning Advisory Commission recommending approval of the preliminary plat of Cedar Crest Subdivision located at 15547 Route 20 West in Dubuque County. Suggested Disposition: Receive and File; Approve ~ [iJ) Cedar Crest - Application il Cedar Crest - Plat ~ i1 Cedar Crest - Vicinity Map Cedar Crest - ZAC Ltr Cedar Crest. Staff Report 16. Kopps John F. Kennedy Addition No.2 - Correction Plat Zoning Advisory Commission recommending approval of the correction plat of Kopps John F. Kennedy Addition No.2 as requested by Flint Drake/Kopp Family Investments, loP. RESOLUTION Approving the final plat of Kopps John F. Kennedy Addition No.2 in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution ~ i1 i1 il [iJ) Kopp - ZAC Ltr Kopp - Application Kopp - Vicinity Map Drake Ltr Kopp . Correction Plat il ~ ~ Kopp - Plat Kopp. Staff Memo Kopp - Resolution 17. land and Water Conservation Fund (LWCF) Grant City Manager recommending approval of a grant application to the Iowa Department of Natural Resources for a Land and Water Conservation Fund (LWCF) grant in the amount of $125,000 for construction of Pyatigorsk Park. RESOLUTION Authorizing a grant application to the Iowa Department of Natural Resources for Federal Land and Water Conservation Funds for the development of Pyatigorsk Park Suggested Disposition: Receive and File; Adopt Resolution ~ ~ ~ It ~ Pyatigorsk - MVM Pyatigorsk - Staff LWCF Grant Pyatigorsk Park Pyatigorsk - Memo Memo Application Resolution i1 LWCF Project Proposal 6 18. 19. 20. Demolition Request Historic Preservation Commission recommending approval of a request to demolish a structure at 300 Iowa Street (former United Rental Building) at the request of the City of Dubuque. Suggested Disposition: Receive and File; Approve ~ tfj i1 300 rowa . Application 300 rowa (Back) 300 rowa - ZAC Ltr 300 rowa. Staff Report 300 rowa (Front) First Amendment - Southwest Arterial Design Agreement City Manager recommending approval of the First Amendment to the agreement between the City of Dubuque, Dubuque County and the Iowa Department of Transportation for the completion of an addendum to the 1999 Southwest Arterial Environmental Assessment and approval of an additional payment of $73,540 for a total contract amount of $667,530. RESOLUTION Approving First Amendment to an agreement between the City of Dubuque, Dubuque County, and the Iowa Department of Transportation for the completion of the addendum for the 1999 Southwest Arterial Environmental Assessment Suggested Disposition: Receive and File; Adopt Resolution ~ ~ ~ i Artertal - Amendmenl Arterial. MVM Memc Artertal - Staff Memo Arterial - Resolution Historic Preservation Grant and Staffing Recommendation City Manager recommending acceptance of a Certified Local Government (CLG) Grant Agreement with the State Historical Society of Iowa to conduct Phase V of the architectural/historic survey of the community and authorizing the hiring of ECIA to provide GIS support. RESOLUTION Approving a Certified Local Government (CLG) Grant Agreement to conduct an architectural/historic survey Suggested Disposition: Receive and File; Adopt Resolution ~ tfj ~ i Architectural Historical Survey Grant - MVM Memo Grant - Staff Memo Grant - Resolution 7 21. 22. 23. 24. Deed of Gift of Artwork for Grand River Center City Manager recommending acceptance of a Deed of Gift recognizing the donation of artwork by Kay Norman and the conditions on the gift. Suggested Disposition: Receive and File; Approve ~ ~ ~ Gift - MVM Memo Gift - Staff Memo Deed of Gift Application for Homeownership Assistance Funds City Manager recommending approval of the City's sponsorship of an application to the Federal Home Loan Bank (FHLB) for Affordable Housing Program funds to assist income-qualifying families to purchase a home. RESOLUTION Authorizing sponsorship of an application to the Federal Home Loan Bank of Des Moines for Affordable Housing Program funds Suggested Disposition: Receive and File; Adopt Resolution ~ ~ ~ FHLB - MVM Memo FHLB - Staff Memo FHLB - Resolution Fringe Area Policy Agreement Communication to the Dubuque County Board of Supervisors regarding the adoption of the Fringe Area Policy Agreement. Suggested Disposition: Receive and File [iJ) Fringe Area Ltr lead Hazard Reduction Program Contract City Manager recommending approval of an amended contract with the US Department of Housing and Urban Development (HUD) for administration of the Lead Hazard Reduction Program. Suggested Disposition: Receive and File; Approve ~ ~ i Amended COntract Contract - MVM Memo COntract - Staff Memo 8 25. Business Licenses RESOLUTION Granting the issuance of a Class "C" Beer/Liquor License to Ground Round, Bunker Hill Golf Course, Yardarm Restaurant, and Days Inn RESOLUTION Granting the issuance of a Class "B" Beer (6 Month License) to Baseball Dreamers Suggested Disposition: Adopt Resolutions ~ ~ Resoiution #1 Resolution #2 ITEMS TO BE SET FOR PUBLIC HEARING 1. Utility Franchise Agreement with Maquoketa Valley Electric Cooperative City Manager recommending that a public hearing be set for April 5, 2004 to consider a Utility Franchise Agreement with Maquoketa Valley Electric Cooperative to be effective May 1, 2004. RESOLUTION Setting the date for the public hearing on the Utility Franchise Agreement with Maquoketa Valley Electric Cooperative Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 4/5/04 tfj ~ ~ i ~ MVEC - MVM Memo MVEC - Staff Memo MVEC . Resolution MVEC Letter MVEC - Ordinance 2. Amendment to Utility Franchise Agreements with Aquila and Alliant Energy City Manager recommending that a public hearing be set for April 5, 2004 to consider approval of an amendment to the Utility Franchise Agreements with Aquila and Alliant Energy to provide that the franchise fee applies to all sales of gas or electricity to residential customers regardless of sales tax exemptions. RESOLUTION Setting the date for the public hearing on an amendment to the franchise agreement between the City of Dubuque, Iowa and Aquila RESOLUTION Setting the date for the public hearing on an amendment to the franchise agreement between the City of Dubuque, Iowa and Alliant Energy Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 4/5/04 9 ~ ~ ~ ~ ~ Amendments - MVM Amendments - Staff Amendments - Gas Amendmenet - Elec Amendment - Memo Memo Resolutions Ordinance Ordinance 3. loras Boulevard Historic Lighting - Initiate City Manager recommending initiation of the public bidding process for the Loras Boulevard Historic Lighting Project and that a public hearing be set for April 5, 2004. RESOLUTION Preliminary approval of plans and specifications RESOLUTION Setting date of hearing on plans and specifications RESOLUTION Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 4/5/04 ~ ~ ~ i Loras . Vicinity Map Lighting Location Map Loras - MVM Memo Loras - Staff Memo Loras - Resolutions 4. Westbrook Subdivision Water Main and Service Line Extension Project - Phase I City Manager recommending initiation of the public bidding process for the Westbrook Subdivision Water Main and Service Line Extension Project and that a public hearing be set for April 19, 2004. RESOLUTION Preliminary approval of plans and specifications RESOLUTION Setting date of hearing on plans and specifications RESOLUTION Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 4/19/04 ~ ~ ~ Westbrook - MVM Memo Westbrook - Staff Memo Westbrook' Resolutions 10 BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Boards/Commissions: Environmental Stewardship Advisory Commission (One 3-Year Unexpired Term Through 10/1/05) Applicant: Sr. Mary Clare O'Toole Zoning Board of Adjustment (One 5-Year Term Through 3/25/09 - Term of Gasper) Applicant: William M. Gasper Appointments to the following Boards/Commissions: Community Development Advisory Commission (One 3-Year Term Through 2/15/07 from low/Moderate Income Area): Applicant: Michael Gukeisen Housing Code Appeals Board (One Unexpired 3-Year Term Through 1/11/06) Applicant: Thomas G. Swift ~ ~ i i1 i i Bd and COmm List Overview Sheet ESAC Application ZBA Application CDAC Application Hsg Code Bd Application PUBLIC HEARINGS SUSPEND THE RULES 1. Buesing & Associates, Inc./Tim Quagliano - Request to Rezone Proof of publication on notice of hearing to rezone property at the northeast corner of Asbury Road and the Northwest Arterial from AG Agricultural District to C-3 General Commercial District and Zoning Advisory Commission recommending approval. ORDINANCE Amending Appendix A (the Zoning Ordinance) by reclassifying property located at the northeast corner of Asbury Road and the Northwest Arterial from AG Agricultural District to C-3 General Commercial District Suggested Disposition: Receive and File; Motion B; Motion A ~ [iJ] Quagliano - Application [iJ) ~ ~ [iJ) Vicinity Map Quagliano - Staff Quagliano - Quagliano. Zoning Report Ordinance Plan Quagliano - ZAC Ltr i1 C-3 Uses 11 2. South Grandview Avenue - Request to Vacate Proof of publication on notice of hearing to consider a request from six property owners for the vacating of the northerly portion of an alley west of South Grandview Avenue between Altman Street and Whelan Street and City Manager recommending approval. RESOLUTION Approving plats of the northerly portion of proposed vacated alley west of South Grandview Avenue between Altman Street (a/k/a St. Joseph Street) and Whelan Street ORDINANCE Vacating the northerly portion of the alley west of South Grandview Avenue between Altman Street (a/k/a St. Joseph Street) and Whelan Street RESOLUTION Disposing of City interest in Lots 8A, 9A, 10A, 17 A and 20A of Grand View Place and Lot 1A of South Grandview Place, Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolutions; Motion B; Motion A ~ ~ ~ ~ ~ S Grandview - MVM S Grandview. Staff S Grandview - S Grandview - S Grandview- Memo Memo Resolution #1 Ordinance Resolution #2 Material from March 1, 2004 Meeting ~ ~ ~ S Grandview - MVM S Grandview - Staff S Grandview- Memo Memo Resolution [iJ) i1 [iJ) Grandview - Plats Grandview - Vicinity Grandview - Ltrs Map 3. Seward Street - Request to Vacate Proof of publication on notice of hearing to consider a request from Gerald and Christine Penhollow to vacate Sac Street and two alleys north of Seward Street in C.H. Meyer's Addition and City Manager recommending approval. RESOLUTION Approving plat of proposed vacated Sac Street and two alleys north of Seward Street in C.H. Meyer's Addition ORDINANCE Vacating Sac Street and two alleys north of Seward Street in C.H. Meyer's Addition RESOLUTION Disposing of City interest in Lot 13A, Lot 16A, and Lot 20A in C.H. Meyer's Addition, Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution ~ ~ ~ ~ ~ Seward - MVM Memc Seward. Staff Memo Seward - Resolution #1 Seward - Ordinance Seward - Resolution #2 12 Material from March 1, 2004 Meeting ~ ~ ~ i Penhollow Ltr i) Vicinity Map Seward - MVM Memc Seward - Staff Memo Seward - Resolution i1 Seward - Plat 4. Utility Easement - Carter Road Detention Basin Proof of publication on notice of hearing to consider the vacating of a utility easement in the area of the embankment for the Carter Road detention facility to ensure the structural integrity of the embankment. RESOLUTION Disposing of interest and vacate a utility easement over Lot 2 of Whites Place in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution ~ ~ ~ ~ Easement - MVM Memo Easement. Staff Memo Easement - Resolution Release of Easement Material from March 1, 2004 Meeting ~ ~ ~ ~ [iJ) Easement - Vicinity Map Easement - MVM Memo Easement-Staff Memo Easement - Resolution Release of Easement REINSTATE THE RULES ACTION ITEMS 1. Boulder Slide of Eagle Point Bluff Communication from Carol Sula and Charles Winterwood, M.D., requesting that the City Council direct the City Manager and staff to investigate the latest boulder slide at Eagle Point Bluff. Suggested Disposition: Receive and File; Council [iJ) Sutton Ltr 13 2. Presentation of Addy Award City Manager advising that the logo design for the Grand River Center, created by McCullough Creative Group and the City's Logo Design Committee, recently took first place in the Elements of Advertising/Logo category of the local American Advertising Federation competition, commonly known as the Addy Awards. Logo Design Committee to present the Addy Award to the City of Dubuque. Suggested Disposition: Receive and File ~ ~ [iJ) McCullough Ltr Addy - MVM Memo Addy - Staff Memo 3. East 9th and East 11th Street Connector Zoning Advisory Commission recommending approval of the renaming of the connector between East 9th and East 11th Streets to Elm Street as requested by the City of Dubuque. ORDINANCE Naming a roadway designated as West 911 Connector from East 9th Street to East 11th Street to Elm Street Suggested Disposition: Receive and File; Motion B; Motion A ~ ~ ~ i Street - ZAC Ltr Street - Staff Memo Street - Ordinance Street - Exhibit A 4. Warehouse Demolition District Historic Preservation Commission recommending approval of the establishment of a 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 ~ ~ i Warehouse Demolition Area [iJ) District-Map District - HPC Ltr Distrtct - Ordinance Warehouse - rnventory Form ~ ~ il District-Additional Material HPC Minutes - June HPC Minutes - July 14 5. Alexander Company - Draft Agreement City Manager recommending approval of a one-year lease agreement with Alexander Company for development of the former Dubuque Star Brewery Building. RESOLUTION Approving a lease agreement and loan agreement for the former Star Brewery between the City of Dubuque, Iowa and Historic Star Redevelopment LLC Suggested Disposition: Receive and File; Adopt Resolution ~ ~ ~ ~ Brewery - MVM Memo Brewery - Staff Memo Brewery - Resolution Lease Agreement 6. Miller & Van Eaton and CBG Communications - Cable Franchise Renewal City Manager recommending that the City execute letters of engagement with the Miller & Van Eaton law firm and CBG Communications, Inc. to expand the scope of their services with regard to the cable franchise renewal process. Suggested Disposition: Receive and File; Approve ~ ~ [iJ) CBG Ltr i Miller & Van Eaton Lt Cable - MVM Memo Cable - Staff Memo 7. Cable Franchise Fee Payment Analysis City Manager recommending approval of a contract with Lewis & Associates of Hollywood, Florida, to conduct an analysis of Mediacom's franchise fee payments to the City of Dubuque for calendar years 2002 and 2003. Suggested Disposition: Receive and File; Approve ~ ~ [iJ) Fee Analysis - MVM Fee Analysis. Staff Lewis Proposal Memo Memo 8. Fremont Avenue Reconstruction City Manager recommending award of the contract for the Fremont Avenue Reconstruction Project to WC Stewart Construction Co., in the amount of $739,421.63. RESOLUTION Awarding contract to WC Stewart Construction Co. Suggested Disposition: Receive and File; Adopt Resolution ~ ~ ~ It1 Fremont - MVM Memo Fremont. Staff Memo Fremont. Resolution Fremont - Bid Tab 15 9. Fiscal Year 2005 Budget - Fee Ordinances City Manager recommending adoption of two ordinances that were inadvertently left off of the agenda for the Fiscal Year 2005 Budget public hearing. ORDINANCE Amending the City of Dubuque Code of Ordinances Section 44-202 Fire Sprinkler Service ORDINANCE Amending Section 32-337 of the City of Dubuque Code of Ordinances Parking Meters Fee Schedule Suggested Disposition: Receive and File; Motion B; Motion A ~ ~ ~ ~ Ordinances - MVM Memo Ordinances' Staff Memo Sprinkler Ordinance Parking Meter Ordinance 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. CLOSED SESSION Pending Litigation - Chapter 21.5(1 )(c) 2003 Code of Iowa Jeanne F. Schneider March 11,2004 16