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6 7 04 Agenda no icons r CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:30 P.M. LIBRARY AUDITORIUM MONDAY, JUNE 7,2004 INVOCATION Reverend Doctor Katherine Achtemeier, Pastor, First Presbyterian Church PROCLAMATIONS Rising Stars Independent League Days (June 12 and 13, 2004) 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 Cable TV Regulatory Commission of 5/12; Cable TV Teleprogramming Commission of 5/4; City Council of 5/17 and 6/1; Civil Service Commission of 3/4; Community Development Advisory Commission of 5/12; Environmental Stewardship Advisory Commission of 5/4; Five Flags Commission of 3/15; Housing Code Appeals Board of 4/20; Housing Commission of 4/27; Long Range Planning Commission of 5/19; Park and Recreation Commission of 5/11; Zoning Advisory Commission of 4/7 Proof of publication of City Council Proceedings of 5/3 Printed Council Proceedings for February, 2004 City of Dubuque Financial Reports for month ending April 3D, 2004 Suggested Disposition: Receive and File; Approve as Printed 2. 3. 4. 5. Notice of Claims/Suiis Sandra G. Adams for personal injury; William Felderman for property damage; Patrick Heiderscheit for spousal consortium loss; Dale Hefel for property damage; Charles N. and/or Vonda L. Hosch for vehicle damage; Kennedy Mall for property damage; Jodi McDonell for vehicle 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: Patrick Heiderscheit for spousal consortium loss; Charles Nand/or Vonda L. Hosch for vehicle damage; Kennedy Mall for property damage; Joe and Shannon Steffen for property damage Corporation Counsel recommending that the claim of Dan Galle for vehicle damage be denied. Suggested Disposition: Receive and File; Concur Citizen Communications Communication of Steven Boge, Kane Development Corporation, requesting City acceptance of the public utility improvements in Pine Knoll Subdivision. Request of THE CU LINK, Inc., to purchase a portion of City-owned property in Associates Park. Communication of Timothy J. Quagliano, QHQ Properties, requesting acceptance of all public improvements completed in Holliday Drive First Addition. Suggested Disposition: Receive and File; Refer to City Manager Visiting Nurse Association Communication from Nan Colin, Director ofthe VIsiting Nurse Association, expressing appreciation to the City for approval of the Fiscal Year 2005 Community Partnership Grant for the VNA Elderly Home-Based Oral Health Program. Suggested Disposition: Receive and File Montgomery Waison HarzalThiele Geotech, Inc. Monitoring Well Installations City Manager recommending approval of a License Agreement Right-of-Way for Site Assessment for Montgomery Watson Harza (MWH) and Thiele Geotech, Inc. to install monitoring wells within the City right-of-way at the area surrounding the former Eagle Window facility at 375 East 9th Street. RESOLUTION Authorizing license agreement between the City of Dubuque and Thiele Geotech, Inc., to install monitorin~ wells on public right-of-way surrounding the former Eagle Window site at 375 East 9t Street Suggested Disposition: Receive and File; Adopt Resolution 2 ""'~=._~."----~ -- 6. 7. 8. 9. 10. 11. Heritage Trail Extension Project City Manager reCommending accepting of the Heritage Trail Extension Project as completed by Tschiggfrie Excavating, Inc., in the final contract amount of $522,830.31. RESOLUTION Accepting improvement RESOLUTION Approving final estimate Suggested Disposition: Receive and File; Adopt Resolutions Holliday 3rd Addition - Detention Basin Requiremenis City Manager recommending approval of a service agreement with QHQ Properties whereby the City will provide detention basin services for a fee in the amount of $62,250. . Suggested Disposition: Receive and File; Approve Fiscal Year 2005 Wage Plan and Compensation Package fG/" Non-Bargaining Unit Employees City Manager recommending approval of the Wage Plan and Compensation Package for Non-Bargaining Unit Employees for Fiscal Year 2005. RESOLUTION Approving the Wage Plan and Compensation Package for Non- Bargaining Unit Employees for Fiscal Year 2005 Suggested Disposition: Receive and File; Adopt Resolution Civil Service Commission Civil Service Commission submitting the certified list for the position of Public Safety Dispatcher. Suggested Disposition: Receive and File; Make a Matter of Record Legislative Correspondence Communications from Senator Tom Harkin regarding the Internet Tax Freedom Act. Suggested Disposition: Receive and File Jackson Park - Hoffmann Schneider Funeral Home Lease Agreement Communication from David L. Hammer and Angela C. Simon regarding the lease for a portion of Jackson Park. City Manager recommending approval of the termination of the lease agreement with Hoffmann Schneider Funeral Home for a section of Jackson Park at the request of Jim Schneider. Suggested Disposition: Receive and File; Approve Termination of Lease 3 12. 13. 14. 15. Concrete Repair Project on Kerper Boulevard and North Grandview Project City Manager recommending acceptance of the Concrete Repair Project on Kerper Boulevard and North Grandview as completed by Drew Cook and Sons Excavating Company, Inc., in the final contract amount of $111,855.64. RESOLUTION Accepting improvement RESOLUTION Approving final estimate Suggested Disposition: Receive and File; Adopt Resolutions Eastern Iowa Clan Lab Task Force - 28E Agreement City Manager recommending approval of the Police Department entering into a 28E Agreement with the newly formed Eastern Iowa Clan Lab Task Force. Suggested Disposition: Receive and File; Approve Iowa Department of Natural Resources Communication from the Iowa Department of Natural Resources regarding the recent inspection of the Dubuque Regional Airport Wastewater Treatment Facility. Suggested Disposition: Receive and File; Refer to City Manager Dubuque Community School District Communication from the Dubuque Community School District requesting that the City share in the cost of intersection improvements associated with the new Middle School at Radford Road/Radford Court. City Manager recommending approval to do the design and inspection work of intersection improvements associated with the new Middle School in partnership with the School District. 16. Suggested Disposition: Receive and File; Approve Recommendation Proposed Downtown Elementary School Traffic Study Communication from the Dubuque Community School District requesting that the City vacate 12th Street between Central Avenue and White Street and the alleys bètween 11 th Street and 13th Street between Central Avenue and White Street. City Manager recommending that the Dubuque Community School District be asked for a Traffic Study prior to final consideration of this request. Suggested Disposition: Receive and File; Approve Recommendation 4 ~u ~ ,----- 17. 18. 19. 20. 21. 22. City of Dubuque's Non-Discrimination Policy Communication from the leadership team of the Sisters of St. Francis of Dubuque encouraging the City Council to take positive action on the request of the Dubuque Human Rights Commission to include sexual orientation as a protected class in the City's non-discrimination policy. Suggested Disposition: Receive and Fiie Busted Lift Outdoor Service Agreement City Manager recommending approval of a Lease Agreement between the City of Dubuque and John Finn for the use of public right of way for outdoor service at the Busted Lift. Suggested Disposition: Receive and File; Approve Proposed Shelter, Bench and Sign Design for Trolley Stops Historic Preservation Commission recommending approval of the City of Dubuque Transit Division's proposed design of shelters, benches and signs for trolley stops. Suggested Disposition: Receive and File; Approve Historic Bluffs Neighborhood Association Historic Preservation Commission recommending approval of a request from the Historic Bluffs Neighborhood Association/City of Dubuque to replace benches and waste receptacles and to repaint light poles in Avon Park. Suggested Disposition: Receive and File; Approve Grandview Avenue Parkway Demolition District Communication from Chris Wand, Chairperson of the Historic Preservation Commission, regarding the Grandview Avenue Parkway Demolition District. Suggested Disposition: Receive and File City Development Board City Manager recommending approval of a resolution in support óf the City Development Board's conditional approval of the City's voluntary annexation request for approximately 704.5 acres and support to sever six parcels of land from Dubuque to Asbury. . RESOLUTION In support of City Development Board's Conditional Approval of Voluntary Annexation of Territory to Dubuque Suggested Disposition: Receive and File; Adopt Resolution 5 23. 24. 25. 26. 27. National League of Cities Communication from the National League of Cities congratulating the City of Dubuque on the inclusion of the America's River program in the National League of Cities' Examples of Programs for Cities database. Suggested Disposition: Receive and File Parking Ramp Structural Analysis Contract City Manager recommending approval of a contract with Desmond Associates for the Iowa and Locust Street Parking Ramp Structural Analysis in the amount of $18,300. RESOLUTION Approving contract with Desmond Associates for a structural analysis of the Iowa and Locust Street Parking Ramps Suggested Disposition: Receive and File; Adopt Resolution Library Emergency Back-Up Lighting System City Manager advising of the emergency repair/replacement of the Library back-up lighting system. Suggested Disposition: Receive and File; Approve Family Self-Sufficiency and Homeownership Program Coordinators City Manager recommending approval of an application to the US Department of Housing and Urban Development (HUD) for funds to renew the current Family Self- Sufficiency Program Coordinator position. Suggested Disposition: Receive and File; Approve Oak Park Place - Final Plat City Manager recommending approval of the final plat of Oak Park Place, as requested by Oak Park Place of Dubuque, LLC. RESOLUTION Approving final plat of Oak Park Place in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution 28. Liquor License Transfer Dubuque County Historical Society requesting to transfer their liquor license to the Ham House on July 4, 2004. Suggested Disposition: Receive and File; Approve 29. Business License Refund Request of Raymond Sanders, Sugar Ray's BBQ, for a refund of his beer and liquor combination license in the amount of $168.75. . Suggested Disposition: Receive and File; Approve Refund 6 "" ". ._--~.~_.."---~ 30. 1. Business Licenses RESOLUTION Granting the issuance of 52 Renewals to sell Cigarettes and Cigarette Papers with the City of Dubuque RESOLUTION Granting the issuance of a Class "B" Beer (5 Day Special Event) to Dubuque Jaycees (Tent A, B and C); and Class "C" Beer Permit to Hy-Vee RESOLUTION Granting the issuance of a Class "C" Beer/Liquor License to Dubuque Bowling Lanes, Dip Tap, Jym's Bar and Creslanes Bowling; Class "B" Wine to Hy-Vee Food Store #1 and Ooh La La; and Class "B" Native Wine to River City Gift Shop Suggested Disposition: Adopt Resolutions ITEMS TO BE SET FOR PUBLIC HEARING Alley Vacating Petition City Manager recommending that a public hearing be set for June 21, 2004 to consider a request from Randy E. and Pamela J. Davis, Benjamin J. Mueller and Margaret M. Mueller to vacate the alley between 825 and 855 Salem Street from Roosevelt to Salem. RESOLUTION Of intent to dispose of City interest in Lot 179A, Lot 180A, and Lot 181A of O'Neill's Addition to North Dubuque, Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 6/21/04 2. Mediacom Franchise Extension City Manager recommending that a public hearing be set for June 21, 2004 to consider an additional short-term extension through December 31, 2004 of the existing Mediacom cable franchise and side agreements under the terms currently in effect. RESOLUTION of Intent to grant a short-term extension of an existing cable services franchise and an existing hub site lease to MCClowa LL.C. Suggested Disposition: Receive and File; Adopt Resolution; Pubic Hearing 6/21/04 7 3. Petition for Landmark Status -1339 Alta Vista Historic Preservation Commission requesting that the petition for landmark status for property located at 1339 Alta Vista be set for a public hearing on August 2,2004 and that the proposed ordinance and supporting documentatidn be forwarded to the State Historic Preservation Office. Long Range Planning Advisory Commission recommending denial of the request of David Moessner and Jeanne Stevenson-Moessner to have their property located at 1339 Alta VIsta designated as a City (local) Landmark. ORDINANCE Amending Chapter 25 (Historic Preservation Ordinance) of the City of Dubuque Code of Ordinances by amending Section 25-6 Identification and Designation of Landmarks, Landmark Sites and Historic Districts to include the structure at 1339 Alta VIsta Street as a City Landmark Suggested Disposition: Receive and File; Public Hearing 8/2104 BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desirè to serve on the following Boards/Commissions: Long Range Planning Advisory Commission (Two vacancies which will expire 7/1/07) Applicant: Charles Winterwood Park and Recreation Commission (Three vacancies which will expire 6/30/07 - Terms of Lyness,Ha~ehausen,Hoffmann) Applican1s: Gary L. Harjehausen, Paul F. Hoffmann, Karen Lyness, Evelyn Nadeau PUBLIC HEARINGS SUSPEND THE RULES 1. University of Dubuque - Request to Amend Institutional District Proof of publication on notice of hearing to consider a request from the University of Dubuque to amend the Institutional District to allow a new parking lot on the campus and rezoning property from R-1 Single-Family Residential District to ID Institutional District and Zoning Advisory Commission recommending approval. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by providing for the amendment of Ordinances 48-02 and 84-02, which adopted regulations for the University of Dubuque ID Institutional District and approving an amended Conceptual Development Plan for the University of Dubuque ID Institutional District Suggested Disposition: Receive and File; Motion B; Motion A 8 ""-~"~>"c~~'-'-"~m"'_'w,,_.<--~_'C,; , 2. 3. 4. Dubuque Racing Association Lease Agreement Proof of publication on notice of hearing to consider approval of a lease agreement between the City of Dubuque and the Dubuque Racing Association for operation of the Dubuque Greyhound Park and Casino. RESOLUTION Disposing of interest in real property by lease with Dubuque Racing Association, Ltd. Suggested Disposition: Receive and File; Adopt Resolution Eagle Point Water Plant ADA Elevator Renovation Project Proofs of publication on notice of hearing and notice to bidders and City Manager recommending award of the contract for the Eagle Point Water Plant ADA Elevator Renovation Project to Klauer Construction Company in the contract amount of $135,991. RESOLUTION Adopting plans and specifications for the project RESOLUTION Awarding contract to Klauer Construction Company Suggested Disposition: Receive and File; Adopt Resolutions Roosevelt Road Phase II Water Main Extension Project Proofs of publication on notice of hearing and notice to bidders and City Manager recommending award of the contract for the Roosevelt Road Phase II Water Main Extension Project to McClain Excavating in the contract amount of $94,600. RESOLUTION Adopting plans and specifications for the project RESOLUTION Awarding contract to McClain Excavating Co., of Peosta, Iowa for the construction of approximately 1,950 feet of 12-inch ductile iron water main with accessories along Roosevelt Road to the Eagle Valley Subdivision Suggested Disposition: Receive and File; Adopt Resolutions 5. Police Department Remodeling Project Proofs of publication on notice of hearing and notice to bidders and City Manager recommending award of the contract for the Police Department Remodeling Project to Stumpf Construction for Base Bid #1 and Alternate #1 in the contract amount of $69,827 and to All Systems for Base Bid #2 and Alternate #2 in the contract amount of $22,699. RESOLUTION Adopting plans and specifications for the project RESOLUTION Awarding contracts for the Police Department Remodeling Project Suggested Disposition: Receive and File; Adopt Resolutions 9 6. 1. 2. 3. 4. 5. Operations and Service Center Construction Project (Tabled 5/19/04) Proofs of publication on notice of hearing and notice to bidders and City Manager recommending award of the contract for the Operations and Service Center Construction Project to Portzen Construction in the contract amount of $11 ,532,831. RESOLUTION Adopting plans and specifications for the project RESOLUTION Awarding contract to Portzen Construction Suggested Disposition: Receive and File; Remove from Table; Adopt Resolutions REINSTATE THE RULES ACTION ITEMS Grand Excursion 2004 Communication from Patrick Seeb, Executive Director of Grand Excursion 2004, inviting the City of Dubuque's financial support of Grand Excursion 2004. Suggested Disposition: Receive and File; Council Steven Drahozal and Mark Kressig - Request to Address Council Request of Steven J. Drahozal, 3712 Pennsylvania Avenue, and Mark Kressig, 1733 Lori Street, to address the City Council regarding emergency services within the City. Suggested Disposition: Receive and File; Council Darren D. White - Request to Address Council Request of Darren D. White to address the City Council regarding the "Safe Ride" program. Suggested Disposition: Receive and File; Council Board of Directors - Greater Dubuque Development Corporation Communication from Rick Dickinson, Executive Director of the Greater Dubuque Development Corporation, requesting appointment of Council Members to the GDDC Board of Directors (currently Council Member Dan Nicholson and Council Member Pat Cline) and affirming that Mayor Terry Duggan, City Manager Mike Van Milligen and Economic Development Director Bill Baum will continue to serve as provided by GDDC's by-laws. Suggested Disposition: Receive and File; Council Appointmenis Dubuque Humane Society Purchase of Services Agreement City Manager recommending approval of a five-year Purchase of Service Agreement between the City of Dubuque and the Dubuque Humane Society in the amount of $46,400 for FIscal Year 2005 and continuing to $112,400 for Fiscal Year 2008-09. Disposition: Receive and File; Approve 10 ~.~,"~~~~~- 6. 7. 8. 9. 10. Dubuque Racing Association Loan Documenis City Manager recommending approval of the Dubuque Racing Association bank loan documents allowing them to borrow up to $22 million for their renovations at Dubuque Greyhound Park & Casino. Suggested Disposition: Receive and File; Approve National Register of Historic Places Historic Preservation Commission recommending approval of the nomination of the Multiple Property Document entitled 'The Architectural and Historic Resources of Dubuque, Iowa, 1833 - 1955" to the National Register of Historic Places. Suggested Disposition: Receive and File; Approve West 11th Street Historic District Historic Preservation Commission recommending approval of the application of the City of Dubuque for nomination of the West 11th Street Historic District to the National Register of Historic Places. Suggested Disposition: Receive and File; Approve Langworthy Historic District Historic Preservation Commission recommending approval of the application of the City of Dubuque for nomination ofthe Langworthy Historic District to the National Register of Historic Places. Suggested Disposition: Receive and File; Approve Riverwalk Sixth Addition - Final Plat City Manager recommending approval of the final plat of Lot 1 of Riverwalk Sixth Addition in the City of Dubuque. RESOLUTION Approving final plat of Lot 1 of Riverwalk Sixth Addition in the City of Dubuque, Dubuque County, Iowa 11. Suggested Disposition: Receive and File; Adopt Resolution Holliday Third Addition - Final Plat City Manager recommending approval of the final plat of Holliday Third Addition providing for the platting of eight commercial lots along an extension of Holliday Drive. RESOLUTION Approving the final plat of Lots 1 thru 8, inclusive, and Lot A and Lot B of Holliday 3rd Addition in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution 11 12. 13. 14. Process for Establishing Demolition Districis Historic Preservation Commission requesting Council direction regarding the process to be used for establishing demolition districts within the City. Suggested Disposition: Receive and File; Council Direction Animal Ordinance Update City Manager recommending approval of amendments to the Chapter 7, Animals and Fowl, of the Code of Ordinances to be consistent with amendments to the Code of Iowa. ORDINANCE Amending the City of Dubuque Code of Ordinances Section 7-20 City Manager's Authority to Contract for the Collection, Protection and Disposition of Dogs, Cats and Other Animals and Section 7-24 Disposition of Unredeemed Dogs or Cats Suggested Disposition: Receive and File; Motion B; Motion A Highway 61/151 Billboard Request of David Hartig, 1255 Southern Avenue, to address the Council regarding reconsideration of the City Council's approval on May 17, 2004 of the installation of a billboard on Highway 61/151. City Manager submitting additional information regarding the issue of the billboard. Suggested Disposition: Receive and File 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 án 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 June 3, 2004 12 -~" .