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6 21 04 Agenda No Icons CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:30 P.M. LIBRARY AUDITORIUM MONDAY, JUNE 21, 2004 INVOCATION Pastor Steve Meysing, Sl John's Lutheran Church CONSENT ITEMS The consent agenda items are considered to be routine and non-controversial and alJ 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 612; 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 2. Suggested Disposition: Receive and File; Approve as Printed Notice of Claims/Suils TJrnothy G. CJarkon behalf ofTanner 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 3. Development Agreement for Westbrook Subdivision City Manager recommending approval of a revised Development Agreement with Callahan Construction, Inc., for development of affordabJe ~ingle-family housing in the Westbrook Subdivision. 4. Suggested Disposition: Receive and File; Approve 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. 5. Suggested Disposition: Receive and File 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. 6. Suggested Disposition: Receive and File; Approve Health Choices Administrative Services Fee City Manager recommending approval of the administrative servJces fee presented by Health Choices for the period May 1, 2004 through June 30, 2006. 7. Suggested Disposition: Receive and File; Approve 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, !owa and the Amalgamated Transit Union, Local #329 and authorizing the Mayor to sign the agreement Suggested Disposition: Receive and File; Adopt 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 Dubuqlle County, as requested by Buesing and Associates/Jim Gantz, Lime Rock Springs Company. Suggested Disposition: Receive and File; Approve 2 -- .-----..-.-.---- ."'"..... 9. 10. 11. 12. 13. 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 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 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 ~ Citizen Communication .communication from Richard E. Koob, 330 Olympic Heights, regarding a north end junkyard and requesting thatjunkyards be inspected. Suggested Disposition: Receive and File 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 fr-om Walter A Pregler, 2966 Shiras Avenue, regarding the Chaplin Schmitt Memorial. Suggested Disposition: Receive and File; Approve 14. 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 3 15. 16. 17. 18. 19. Flood Hazard Mitigation Demolition Project - Phase II City Manager recommending acceptance of the Flood Hazard Mitigation Demolition Project - Phase II 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 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 ih the Port of Dubuque Suggested Disposition: Receive and File; Adopt Resolution 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 & Surveyors, P.C. for the design and engineering of Dubuque Industrial Center West - 3rd Addition Suggested Disposition: Receive and File; Adopt 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 Five Flags Civic Center Commission Gary Dolphin submitting his resignation from the Five Flags Civic Center Commission. Suggested Disposition: Receive and File 4 ",-- ... 20. 21. 22. 23. 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 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 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 Business Licenses RESOLUTION Granting the issuance of two new licenses to sèll 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 DC" Beer Permits to Kwjk Stop Food Mart, Oky Doky #14, Keywest Conoco and Dubuque Discount Gas #3 RESOLUTION Granting the issuance of a Class DC" BeerlLiquor 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 5 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 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 8/2104 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 11th 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. Ha~ehausen, Paul F. Hoffmann, Karen Lyness, Evelyn Nadeau 6 -. --~---~-- "',.. ... -- 1. PUBLIC HEARINGS SUSPEND THE RULES 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 AssociateslPaul 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 2. Suggested Disposition: Receive and File; Motion B; Motion A 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 comer 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 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 7 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 REINSTATE THE RULES ACTION ITEMS 1. Greater Dubuque Development Corporation Rick Dickinson, Executive Director ofthe 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. 3. Suggested Disposition: Receive and File; Motion B; Motion A Paradise Hills 2nd Addition - Preliminary Plat Zoning Advisory Commission recommending approval of the preliminary plat of Paradise Hills 2nd Addition on Humke Road, subject to 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. 4. Suggested Disposition: Receive and File; Council 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 8 ,"'M_'~'_.Y_$$""~.'_=4'-=__'~~-~~"- -,. -._,-=._-~ ---""""__'_k. 5. 6. 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 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 7. Suggested Disposition: Receive and File; Motion B; Motion A Proposed Standard for Sidewalk Paving Patterns 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 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. 9. Suggested Disposition: Receive and File; Approve Dubuque Greyhound Park and Casino City Manager recommending approval of the installation of temporary stop signs at the thr~ay 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 9 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 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 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 10 . ,,~-'w"'-----,""""-.------ _._.~ -~."""""""",...._. CITY OF DUBUQUE, IOWA PUBLIC NOTICE OF MEETING Government Body: City Council Date: Monday, June 21, 2004 Time: 6:30 p.m. Place of Meeting: Public Library Auditorium NOTICE IS HEREBY GIVEN that the above identified governmental body will meet at the time, date and place as set forth above. The TENTATIVE AGENDA for the meeting is as follows: See Attached Agenda :JJ 'ìl ') :1""1 <'¿ m 0 - co <>0 This notice is given pursuant to Chapter 21, Code of Iowa, 2003, and applicable local regulations of the City of Dubuque, Iowa and/or governmental body holding the meeting. ~' eanne F. Schneider, CMC, City Clerk ANY VISUAL OR HEARING IMPAIRED PERSONS NEEDING SPECIAL ASSISTANCE OR PERSONS WITH SPECIAL ACCESSIBILITY NEEDS SHOULD CONTACT THE CITY CLERK'S OFFICE AT (563) 589-4120 OR TDD (563) 690 6678 AT LEAST 48 HOURS PRIOR TO THE MEETING --~-- '"