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6 21 04 Agenda with icons CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:30 P.M. LIBRARY AUDITORIUM MONDAY, JUNE 21, 2004 INVOCATION Pastor Steve Meysing, St. John's Lutheran 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 Airport Commission of 5/25; City Council of 617; Environmental Stewardship Advisory Commission of 6/1; Historic Preservation Commission of 5/19; Housing Code Appeals Board of 5/18; Human Rights Commission of 5/10; Library Board of 4/22; Zoning Advisory Commission of 6/2; Zoning Board of Adjustment of 5/27; Library Board of Trustees Update from meeting of May 27,2004 Proofs of publication for City Council Proceedings of May 17 and June 1, 2004 and List of Claims and Summary of Revenues for month ending April 30, 2004 Printed Council Proceedings of March, 2004 Finance Director submitting the City of Dubuque Financial Reports for the month ending May 31,2004 Suggested Disposition: Receive and File; Approve as Printed ~ ~ ~ ~ i1 Airport aty Council ESAC HPC Hsg Code Appeals Be ~ ~ ~ ~ ~ Human Rights Ubrary Bd Zoning Advisory Zoning Bd of Adj Proceedings 2. Notice of Claims/Suits Timothy G. Clark on behalf of Tanner G. Clark for personal injury; Deutsche Bank Trust Company v. City of Dubuque, et al; Joe and Shaunda Steffen for property damage; Rita R. Stevenson 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: Sandra G. Adams for personal injury; William Felderman for property damage; Jodi McDonell for vehicle damage; Joe and Shaunda Steffen for property damage Corporation Counsel recommending settlement of the back pay claim of William Kelly. Suggested Disposition: Receive and File; Concur i1 Oaims - lCAP i1 Kelly Settlement 3. Development Agreement for Westbrook Subdivision City Manager recommending approval of a revised Development Agreement with Callahan Construction, Inc., for development of affordable single-family housing in the Westbrook Subdivision. Suggested Disposition: Receive and File; Approve ~ ~ ~ Westbrook - MVM Memo Westsbrook - Staff Memo Westbrook - Agreement 4. Tri-State Community Health Center Application City Manager communication to the Bureau of Primary Health Care in support of the Tri- State Community Health Center's application for a federally qualified community health center. Suggested Disposition: Receive and File i1 Ltr of Support 2 5. Specific and Aggregate Stop Loss Insurance Renewal City Manager recommending approval of the renewal rates submitted by Allianz for specific and aggregate stop loss insurance for the City's health plans. Suggested Disposition: Receive and File; Approve ~ ~ Renewal - MVM Memo Renewal - Staff Memo 6. Health Choices Administrative Services Fee City Manager recommending approval of the administrative services fee presented by Health Choices for the period May 1, 2004 through June 30, 2006. Suggested Disposition: Receive and File; Approve ~ ~ Heallf1 Choices - MVM Memo Health Choices - Staff Memo 7. Collective Bargaining Agreement with Amalgamated Transit Union, Local #329 City Manager recommending approval of the collective bargaining agreement between the City and the Amalgamated Transit Union effective July 1, 2004. RESOLUTION Approving the agreement between the City of Dubuque, Iowa and the Amalgamated Transit Union, Local #329 and authorizing the Mayor to sign the agreement Suggested Disposition: Receive and File; Adopt Resolution ~ ~ ~ Transit - MVM Meme Transit - Staff Memo Transit - Resolution 8. Forest Grange Subdivision #3 - Preliminary Plat Zoning Advisory Commission recommending approval of the preliminary plat of Forest Grange Subdivision #3, located on Kennedy Road near Rustic Forest Road in Dubuque County, as requested by Buesing and Associates/Jim Gantz, Lime Rock Springs Company. Suggested Disposition: Receive and File; Approve ~ i1 i1 ~ Forest Grange - ZAC Forest Grange - Forest Grange - Forect Grange - Ltr Application Vicinity Map Staff Report 3 i1 Forest Grange - Preliminary Plat 11. 12. 9. Oberbroeckling Subdivision No.2 Zoning Advisory Commission recommending approval of the minor final plat of Oberbroeckling Subdivision No.2 located at 12463 North Cascade Road as requested by John Oberbroeckling. RESOLUTION Approving the final plat of Lot 1, 2 and 3 of Oberbroeckling Subdivision No.2 Suggested Disposition: Receive and File; Adopt Resolution ~ i1 ~ i1 Oberbroeckling - Vicinity Map ~ i1 Oberbroeckling - Oberbroeckling - Piat Resolution Oberbroeckling - ZAC Oberbroeckllng- Ltr Application Oberbroeckling - Staff Memo 10. In-Line Skate Rink Project City Manager recommending acceptance of the In-Line Skate Rink Project as completed by Fondell Excavating in the final contract amount of $85,850.80. RESOLUTION Accepting improvement RESOLUTION Approving final contract amount Suggested Disposition: Receive and File; Adopt Resolutions ~ ~ ~ Rink - MVM Memo Rink - Staff Memo Rink - Resolutions Agreement with Hillcrest Family Services for Use of Murphy Park City Manager recommending approval of an agreement with Hillcrest Family Services for use of Murphy Park to set up a holiday light display. Suggested Disposition: Receive and File; Approve ~ ~ ~ Park - MVM Memo Park" Staff Memo Hillcrest Agreement Citizen Communication Communication from Richard E. Koob, 330 Olympic Heights, regarding a north end junkyard and requesting that junkyards be inspected. Suggested Disposition: Receive and File 4 14. 15. i1 Koob Ltr 13. Chaplin Schmitt Memorial City Manager advising that the new leaseholder for this property has agreed to try to improve the accessibility and requesting time to work on this issue with the leaseholder. Communication from Walter A. Pregler, 2966 Shiras Avenue, regarding the Chaplin Schmitt Memorial. Suggested Disposition: Receive and File; Approve ~ i1 Memoral - Staff Memo #1 ~ i1 Memoral - Background Memo i1 Memonal - Drawing Memorial - MVM Memo Memorial - Staff Memo #2 i1 Pregler Ltr American Red Cross of the Tri-States Communication from Stan Schwartz, Executive Director - American Red Cross of the Tri-States, thanking the City and the community for assistance in raising the necessary funds to purchase an Emergency Response Vehicle (ERV). Suggested Disposition: Receive and File ~ Red Cross Ltr Flood Hazard Mitigation Demolition Project - Phase II City Manager recommending acceptance of the Flood Hazard Mitigation Demolition Project - Phase" as completed by Top Grade Excavating, Inc., in the final contract amount of $18,826.65. RESOLUTION Accepting improvement RESOLUTION Approving final contract amount Suggested Disposition: Receive and File; Adopt Resolutions ~ ~ ~ i1 Final Contract Am! Mitigation - MVM Memo Mitigation - Staff Memo Mitigation - Resolutions 5 16. 17. 18. Contract for State Brownfield Grant City Manager recommending approval of a State of Iowa Brownfield Project Financial Assistance Agreement for $142,655 for petroleum cleanup in the Port of Dubuque. RESOLUTION Authorizing the execution of a Brownfield Project Financial Assistance Agreement for One Hundred Forty-Two Thousand Six Hundred Fifty-Five Dollars ($142,655) for petroleum cleanup in the Port of Dubuque Suggested Disposition: Receive and File; Adopt Resolution ~ ~ ~ i1 Brownfield - MVM Brownfield - Staff Brownfield - Brownfield Memo Memo Resolution Agreement Dubuque Industrial Center West Third Addition - Engineering Consultant City Manager recommending approval of the selection of IIW as the engineering consultant for the Dubuque Industrial Center West (DICW) 3rd Addition. RESOLUTION Authorizing contract with IIW Engineers and Surveyors, P.C. for the design and engineering of Dubuque Industrial Center West - 3rd Addition Suggested Disposition: Receive and File; Adopt Resolution ~ ~ ~ DICW - MVM Memo DICW - Staff Memo DICW - Resolution US 20 Reconstruction Agreement City Manager recommending approval of a predesign agreement among the Iowa Department of Transportation (Iowa DOT), the County of Dubuque, and the City of Dubuque on the extension or improvement of US 20 as a controlled access facility within Dubuque County and the City of Dubuque. RESOLUTION Approving the Predesign Agreement among the City of Dubuque, County of Dubuque, and the Iowa Department of Transportation for the US 20 Reconstruction Project (NHS-20-9(121}-19-31) Suggested Disposition: Receive and File; Adopt Resolution ~ ~ ~ i1 ~ us 20 - MVM Memo US 20 - Staff Memo US 20 - Resolution Predesign US 20 - Maps Agreement 6 19. 20. 21. 22. Five Flags Civic Center Commission Gary Dolphin submitting his resignation from the Five Flags Civic Center Commission. Suggested Disposition: Receive and File ~ Dolphin Ltr Dubuque County Historical Society Sublease City Manager recommending approval of a sublease agreement between the Dubuque County Historical Society and the National Audubon Society to allow the docking of the Audubon Ark (the Lily Belle) as requested by Jerry Enzler, Executive Director of the DCHS. Suggested Disposition: Receive and File; Approve Agreement ~ ~ ~ i1 DCHS Ltr Sublease - Landlord Consent Sublease Agreement DCHS - MVM Memo Dubuque County Board of Supervisors Communication from the Dubuque County Board of Supervisors requesting that the City of Dubuque Transit Division become a certified HCBS Transportation Provider. Suggested Disposition: Receive and File; Refer to City Manager i1 Bd of Supv Ltr City of Asbury Communication from Richard A. Anderson, Mayor of Asbury, advising that they will be working with City Manager Michael C. Van Milligen to prepare a plan of action for the severance of parcels to be annexed by the City of Asbury. Suggested Disposition: Receive and File i1 City of Asbury Ltr 7 23. Business Licenses RESOLUTION Granting the issuance of two new licenses to sell cigarettes and cigarette papers to Dubuque Discount Gas #3 and Rainbo Oil Company RESOLUTION Granting the issuance of 21 renewal licenses to sell cigarette and cigarette papers RESOLUTION Granting the issuance of a Class "B" Beer (5-Day Special Event) to Dubuque Jaycees (Tents A, B and C), Rotary Club and Tri-State Independent Blind Society; and Class "c" Beer Permits to Kwik Stop Food Mart, Oky Doky #14, Keywest Conoco and Dubuque Discount Gas #3 RESOLUTION Granting the issuance of a Class "c" Beer/Liquor License to Applebee's, Paul's Tap, Murphy's South End Tap, American Legion #6, Dubuque Mining Company, and SMG Five Flags Center; and Special Class "c" Liquor to Four Seasons Buffet, Grape Harbor (Sidewalk Outdoor Sale) and Café Manna Java (Sidewalk Outdoor Sale) Suggested Disposition: Adopt Resolutions ~ ~ ~ ~ Resolution #1 Resolution #2 Resolution #3 Resolution #4 ITEMS TO BE SET FOR PUBLIC HEARING 1. Blanche Avenue - Request to Vacate City Manager recommending that a public hearing be set for July 5, 2004 to consider a request from John M. Lanser and Jean M. Mastin to vacate Blanche Avenue from Vivian Avenue west 250 feet. RESOLUTION Of intent to dispose of City Interest in Lot 136A of Maple Leaf Addition in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 7/5/04 ~ ~ ~ i1 Blanche - Plat of Survey Blanche - MVM Meml Blanche - Staff Memc Blanche-Resolution 8 2. Greater Downtown Urban Renewal District Amendment City Manager recommending adoption of a Resolution of Necessity to begin the process of amending the Urban Renewal Plan for the Greater Downtown Urban Renewal District and to set a public hearing for August 2, 2004 to consider said amendment. RESOLUTION Of Necessity finding that an amendment to the Urban Renewal Plan for the Greater Downtown Urban Renewal District is necessary in the interest of the residents of the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 8/2/04 ~ ~ ~ Amendment - MVM Amendment - Staff Resolution of Memo Memo Necessity BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Boards/Commissions: Historic Preservation Commission (Two three-year terms which will expire 7/1/07 [Jackson Park District- term of Bichell and West 11th District - Term of Whalen]; One unexpired three year term through 7/1/05) Applicants: David Stuart for Jackson Park, Timothy Goen for West 11 th Street Investment Oversight Commission (Two three-year terms which will expire 7/1/07) Applicants: Stephen Reisdorf; Gary Ruden Zoning Advisory Commission (Two three-year terms which will expire 7/1/07) Applicants: Eugene Bird, Jeff Stiles Appointments to 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) Applicants: Gary L. Harjehausen, Paul F. Hoffmann, Karen Lyness, Evelyn Nadeau ~ ~ i1 i1 i1 HPC Applications 10AC Applications ZAC Applications Bd and Comm Us! Overview Sheet i1 LRPAC Application i1 Park and Rec Applications 9 PUBLIC HEARINGS SUSPEND THE RULES 1. 4039 Pennsylvania Avenue - Request to Rezone Proof of publication on notice of hearing to consider rezoning property located at 4039 Pennsylvania Avenue from R-3 Moderate Density Multi-Family Residential to C-2 Neighborhood Shopping Center District at the request of Buesing and Associates/Paul Fahey, Riverdream Properties, 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 4039 Pennsylvania Avenue from R-3 Moderate Density Multi-Family District to C-2 Neighborhood Shopping Center District Suggested Disposition: Receive and File; Motion B; Motion A iJ] i1 ~ ~ Riverdream - ZAC Lt, Riverdream - Riverdream - Vicinity Riverdream - Staff Riverdream - Application Map Report Ordinance i1 Riverdream - Drawing i1 C-3 District Regulations i1 C-2 District Regulations i1 Support Ltrs ~ Suggested Motion 2. Southeast Corner of Old Highway Road and Cousins Road - Request to Rezone Proof of publication on notice of hearing to consider rezoning property located at the southeast corner of Old Highway Road and Cousins Road from AG Agricultural District to R-1 Single-Family Residential District as requested by Paul Cate 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 near the southeast corner of Old Highway Road and Cousins Road from AG Agricultural District to R-1 Single-Family Residential District Suggested Disposition: Receive and File; Motion B; Motion A ~ i1 i1 ~ ~ i1 Cate - Exhibit A Cate - ZAC Ltr Cate - Application Cate - Vicinity Map Cate - Staff Report Cate - Ordinance ~ Suggested Motion 10 3. Alley Vacating Petition Proof of publication on notice of hearing to consider a request from Randy E. and Pamela J. Davis, Benjamin J. Mueller and Margaret M. Mueller to vacate and purchase a portion of the alley between 825 and 855 Salem Street from Roosevelt to Salem and City Manager recommending approval. RESOLUTION approving plat of the proposed vacated alley between 825 and 855 Salem Street from Roosevelt to Salem ORDINANCE Vacating the alley between 825 and 855 Salem Street from Roosevelt to Salem RESOLUTION Disposing 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 Resolutions; Motion B; Motion A ~ WJ ~ ~ WJ Salem - MVM Memo Salem - Staff Memo Salem - Resolution #1 Salem - Ordinance Salem-Resolution #2 ~ Suggested Motion Material from June 7, 2004 Meeting ~ ~ ~ i1 Alley - Vicinity Map i1 Alley - Plat of Survey Alley - MVM Memo Alley - Staff Memo Alley - Resolution 4. Mediacom Franchise Extension Proof of publication on notice of hearing 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 and City Manager recommending approval. ORDINANCE Extending the term of the existing Cable Franchise Agreement and Hub Site Lease of MCClowa, LLC. to December 31, 2004. Suggested Disposition: Receive and File; Motion B; Motion A ~ ~ ~ ~ ~ Mediacom - MVM Mediacom - Staff Medlacom - Franchise Extension Suggested Motion Memo Memo Ordinance Agreement 11 Material from June 7, 2004 Meeting ~ ~ ~ Mediacom - MVM Mediacom - Staff Memo Memo Mediacom - Resolution REINSTATE THE RULES ACTION ITEMS 1. Greater Dubuque Development Corporation Rick Dickinson, Executive Director of the Greater Dubuque Development Corporation, to present the GDDC quarterly report. Suggested Disposition: Receive and File 2. Ice Harbor Drive Zoning Advisory Commission recommending approval of the designation of Ice Harbor Drive in the Port of Dubuque as requested by the City of Dubuque. ORDINANCE Renaming a portion of the street currently named East Fourth Street to Ice Harbor Drive and designating a new street between First Street and East Fourth Street as Ice Harbor Drive in the Port of Dubuque. Suggested Disposition: Receive and File; Motion B; Motion A ~ ~ ~ ~ i lee Harbor Drive - Maps Suggested Motion Ice Harbor - ZAC Ltr lee Harbor - Staff Memo lee Harbor - Ordinance 3. Paradise Hills 2nd Addition - Preliminary Plat Zoning Advisory Commission recommending approval of the preliminary plat of Paradise Hills 2nd Addition on Humke Road, and waiving the private street standard for paving thickness and base stone, as requested by Roger and Lois Schueller. City Manager recommending approval of the preliminary plat of Paradise Hills 2nd Addition without the street standard waiver. Suggested Disposition: Receive and File; Council ~ ~ Schueller - Application ~ i1 ~ Schueller - Preliminary Plat Schueller - ZAC Ltr Schueller - Vicinity Schueller - Staff Map Report 12 4. ~ ~ Paradise Hills - MVM Memo Paradise Hills - Staff Memo Cedar Crest Subdivision - Final Plat City Manager recommending approval of the final plat of Cedar Crest Subdivision located north of U.S. Highway 20 and east of Cottingham Road. RESOLUTION Approving the final plat of Lots 34 thru 116, inclusive, of Cedar Crest Subdivision in Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution ~ ~ ~ ~ i1 Cedar Crest - MVM Cedar Crest - Staff Cedar Crest - Staff Cedar Crest - Cedar Crest - Plat Memo Memo Report Resolution 5. Five Flags Management Agreement City Manager recommending approval of the Five Flags Management Agreement with SMG beginning July 1, 2004. Suggested Disposition: Receive and File; Approve ~ ~ ~ i1 Supplemental Agreements Five Rags - MVM Memo Five Rags - Staff Memo Management Agreement 6. Sewer Ordinance Update City Manager recommending approval of a change to the Code of Ordinances authorizing the City Manager to order immediate connection of a private on-site sewage treatment and disposal system if there is a public health threat. ORDINANCE Amending Chapter 44, Utilities, Section 44-55, Abandonment of Private On-Site Sewage Treatment and Disposal System Upon Availability of Public Sewer Suggested Disposition: Receive and File; Motion B; Motion A ~ ~ ~ ~ ~ Ordinance - MVM Ordinance - Staff Sewer Ordinance Sewer Ordinance Suggested Motion Memo Memo Change 13 7. Proposed Standard for Sidewalk Paving Pattern City Manager recommending approval of a proposed standard for sidewalk paving patterns to guide future sidewalk improvement projects in the downtown or requesting that a worksession be scheduled on the issue. Historic Preservation Commission recommending a modification to the proposed standard for sidewalk paving patterns in the Old Main, Cathedral and Jackson Park historic districts as requested by the City of Dubuque Engineering Division. Suggested Disposition: Receive and File; Council ~ ~ ~ ~ Sidewalk - MVM Memo Sidewalk - Staff Memo Downtown Sidewalk5 Downtown Color Sidewalk ~ ~ ~ i1 Sidewalk-Diagrams Sidewalk - HPC Ltr Sidewalk - Application Sidewalk - Staff Report 8. Dubuque County Conservation Board Grant Request City Manager recommending that the City provide $10,000 match towards the Dubuque County Conservation Board's Vision Iowa/CAT application for improvements to Massey Station. Suggested Disposition: Receive and File; Approve ~ Grant - MVM Memo 9. Dubuque Greyhound Park and Casino City Manager recommending approval of the installation of temporary stop signs at the three-way intersection of Admiral Sheehy Drive and Dubuque Greyhound Park Road due to the increased construction traffic. 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 at the intersection of Admiral Sheehy Drive and Greyhound Park Road Suggested Disposition: Receive and File; Motion B; Motion A ~ ~ ~ Stop Signs - MVM Memo Stop Signs - Ordinance Suggested Motion 14 10. Fiscal Year 2005 Legislative Priorities City Manager recommending approval of the City of Dubuque's Legislative Priorities for Fiscal Year 2005. Suggested Disposition: Receive and File ~ ~ Prtorities - MVM Memo Legislative Prtorities 11. City Council Meeting Date ORDINANCE Establishing the date for the first regular meeting of the City Council of the City of Dubuque as July 6, 2004 Suggested Disposition: Receive and File; Motion B; Motion A ~ ~ Meeting - Ordinance Suggested Motion 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. Jeanne F. Schneider June 17, 2004 15