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6 21 04 Skeleton Sheet .---- . CITY COUNCIL REGULAR SESSION, JUNE 21, 2004 COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE LIBRARY AUDljÖRlUM . PRESENT: MAYOR m ";:AN, COUNCIL MEMBERS !uOL, d...NE' CONNÓRS, MARK~, MICH¥,Sïri,ÑICHjJLsON . fJj CITY MANAGER VAN MILLIG:;:JEN; CORRORA TlON COUNSEy(INDAHL (f't" I ~. / ,j ABSENT: ¿:;::;ý.LA/7VÜ Mayor Duggan read the call and stated this is a special session of the City Council called for the purpose of discussing such matters which may properly come before the City Council. INVOCATION: Pastor Steve Meysing, Sl John's Lutheran Church . . . . . ~ ... CONSENT ITEMS f\n. ~ jJ Ayes Nays rJY // Cline PI d ifJ //. Connors ¡¡v I Duggan Ô / ar~am ¡ ! . /;.@:ichaISki . /. /;\ Nicholson . / UBUOI \~ r¡ð \ ,I) 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 2. Suggested Disposition: Receive and File; Approve as Printed 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 Feldemian 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 2 8 8 . 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. 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 Dìsposition: 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 services fee presented by Health Choices for the period May 1, 2004 through June 30, 2006. Suggested Disposition: Receive and File; Approve Ayes Nays Cline Connors Duggan Markham Michalski Nicholson Buol 3 . . . 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 ¿?L/ 7' . tJ1 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 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 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. ,;:rc:J . / RESOLUTION d+'f'~¿;1 Y Approving the final plat of Lot 1, 2 and 3 of Oberbroeckling SubdMsion No.2 Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays Cline Connors Duggan 1-Markham Michalski Nicholson I Buol 4 . 10. . . 11. 12. 13. 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¿7Srl,tfc/ Accepting improvement RESOLUTION ð~J tJ;/ 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 that junkyards be inspected. /) ../-4 d Suggested Disposition: Receive and File/~~ zj; /U/""-7 t/ 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 I;;v Ay~ Nays v: ./ Cline / / Connors / /@DUggan / / Ma~am / / Michalski //J. Nicholson / Buol ;/j~ 5 . . . 14. 15. 16. 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 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 ¿7-.7~ -cJ ý' Accepting improvement RESOLUTION ¿;; 5~ t7 -/ 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 ¡:;!?"jf" -¿;J;;/ 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 Ayes Nays Cline Connors Duggan Markham Michalski Nicholson Buol 6 8 17. . . 18. 19. 20. 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 a5,¡if ~t1 c/ 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 ;?~ -{} ý' 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 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 Ayes Nays Cline Connors Duggan Markham Michalski Nicholson Buol 7 8 21. . 8 22. 23. 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 éT5{; ~ 0 ý' Granting the issuance of two new licenses to sell cigarettes and cigarette papers to Dubuque Discount Gas #3 and Rainbo Oil Company RESOLUTION ZJ;'7-<¡t'-~¿;J c/ Granting the issuance of 21 renewal licenses to sell cigarette and cigarette papers RESOLUTION ø~/ ¿;7 / 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 ¿;?¿;;;:ø -tJ Ý 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 Ayes Nays Cline Connors Duggan Mar~am Michalski Nicholson Buol 8 . . . ITEMS TO BE SET FOR PUBLIC HEARING 1. 2. Blanche Avenue - Request to Vacate - July 6, 2004 Greater Downtown Urban Renewal District Amendment - August 2, 2004 ~y~ Nays ~ ¡line ~. Connors / // Duggan Markham // Michalski /~icholson Buol 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 êJtdJ - ¿;l c/ 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 7/5104 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 ;? ¿; ß - ð Ý 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 9 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 tenns which will expire 7/1/07 [JaCkson Park District - tenn of Bichell and West 11th District - Tenn of Whalen]; One unexpired three year term through 7/1105) Applicants: David Stuart for Jacksonl.~rk, Timothy Goen for West 11th Street \ ðf' Investment Oversight Commíssi~~ (Two three-year tenns which will expire 7/1/07) Applicants: Stephen Reisdorf; Gary Ruden Zoning Advisory Commission (Two three-year tenns which will expire 7/1/07) Applicants: Eugene Bird, Jeff Stiles ¿ -.., .5 Appointments to the following Boards/Co missions: Long Range Planning Advisory Commission (Two vacancies which will expire 7/1/07) Applicant: Charles Winterwood . 4yes Nays 'Í" Cline / ~onnors / Duggan / ()Ma~am / I Michalski Nicholson / Buol Park and Recreation Commission (Three vacancies which will expire 6/30/07 - Tenns of Lyness, Haljehausen, Hoffmann) Applicants: Gary L. Harjehausen, Paul F. Hoffmann, Karen Lyness, Evelyn Nadeau Michalski Ayes Nays Cline Connors Duggan Markham Michalski Nicholson Buol . 10 . . . PUBLIC HEARINGS SUSPEND THE RULES Ayes Nays // Cline / Connors ~ Duggan // , Markham /. rMMichalski &Nicholson / Buol ,0 1 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 3ff - 0 z/ 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 DiS. pos""" Receive and Ale; -. B; _on A ',f!J 'AYes Nays ~1J/r.oV //. Cline '~. , I / . Connors fJ ~ ~ . . r:j;j ~I ;8 ; ~~~n I~.; )/ :1 11 . 2. . . Southeast Comer 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 :3 7' ~ ð Ý 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 /AYes Nays Cline :/ Connors 1;.. ~DUggan // ~am / .. Michalski / / f:\ Nicholson / D Buol I. ~rC;\/ P;Jf;¡I:A ~? 12 . 3. 48 . 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 ~ ~ ~ tl ý' Approving plat of the proposed vacated alley between 825 and 855 Salem Street from Roosevelt to Salem ORDINANCE ij ¿;:? - ¿t ~ Vacating the alley between 825 and 855 Salem Street from Roosevelt to Salem RESOLUTION c?q.~ ¿J.~ 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 Ayes Nays ,/ Cline ~ Connors I . Duggan // Markham ~iChalski I t) Nicholson / Ú Buol 13 . 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 "7'/- ¿J 2/ Extending the term ofthe existing Cable FranChise Agreement and Hub Site Lease of MCClowa, LLC. to December 31, 2004. Suggested Disposition: Receive and File; Motion B; Motion A ~yes Nays V; Cline ;; Connors / / ~P..uggan / .-' ~~arkham /; Michalski // C) Nicholson ¿;Buol REINSTATE THE RULES Ayes Nays f" Cline / Connors / Duggan Markham // .tsMiChalSki / ...., icholson I Buol 14 . 1. . . !6 /.: ., Greater Dubuque Development Corporation (f Rick Dickinson, Executive Director of the Greater Dubuque Development Corporation, to present the GDDC quarterly report. Suggested Disposition: Receive and File ACTION ITEMS A~ Nays v /./ lj'Cline / Connors / Duggan // Markham r / Michalski ///@Nicholson Buol 2. /)' J 0 Ice Harbor Drive / v 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 ..!¿/ ¿? - C7 ~ Renaming a portion of the street currently named East Fourth Street to Ice Harbor Drive and designating a new street betweèn First Street and East Fourth Street as Ice Harbor Drive in the Port of Dubuque. Suggested Disposition: Receive and File; Motion B; Motion A Ayes Nays // Cline / / Connors / >/ Duggan / Markham ~MichalSki icholson Buol 15 8 'Å tD þ\ . . . 3. 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 =::/or paving thickness and base stone, as requested by Roger and L°z;,iS . à City Manager r.e. commending approval of the preliminary plat of Paradise HillS.. 2nd. /j'i Addition without the street standard waiver. ) h/ J Sugg~-'- and R~; l;¡f> . ~ol ,! w J"I~ .J' ~ Ayes Nays 1& /6° ~.(l ~f.',I~. VI '/ Cline l/.. fG1 J .', . j) Connors / ~ìY ' I fJ ) 1 . Duggan // I, IjI I (!) Markham ~~ W"o)~ //. . M.ichalski ¡) . P / / øNlcholson i G / uol &' NOTE: Change in requested variance for street thickness (MVM's memo) . 4. 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 ,¿;¿;ð.- & z/ 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 ",yes Nays // aJEline / / L7:::onnors / . Duggan '/ Markham ~. Michalski / / Nicholson / @BuOI . 16 . s. 8 . (Æì~ 'ù'~ JJ J\ " Five Flags Management AgreementP fJ City Manager recommending approval of the Five Flags Management Agreem en. t with ~. SMG beginning July 1, 20O4.\( ........... _lOon, ....... and FIle, ....... . ~f~) If . I t ~. ~ fJl {' ~ g:::,"": )ß(/ fill f J¡f, ~ Duggan ,{ I (¡; J, ~ \ "Markham d< U¡ fíì / Nicholson ", l/ IV V Buol , ~' rrP' 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 £/.3 - ¡;;1 ~ Amending Chapter 44, Utilities, Section 44-55, Abandonment of Private On-Site Sewage Treatment and Disposal System Upon Availability of Public Sewer Sugges", """-' _va and :, : MoOG. ~~_on A ¡j; / Cline "/ Connors / Duggan / ~arkham / w.~ichalski / .' ¡[) Nicholson / & Buol 17 8 7. . . 51 Proposed Standard for Sidewalk Paving Patterns 1 : City Manager recommending approval of a proposed standard for sidewalk paving pattems to guide future sidewalk improvement projects in the downtown or requesting that a worksession be scheduled on the issue. Historic Preservation Commission recommending Ii modification to the proposed standard for sidewalk paving pattems in the Old Main, Cathedral and Jackson4ark h"""'" .""oIs as Æquesled by the COy of Oob""," Eng""""" OM"". n. . 7~ Suggested Disposition: Receive and File; Council tlJ /" l~ .íY.. . ~'CI..~p1Øf? ,wi. . f! ~ /' é) Connors / /~ J pJYf ;,' . / Duggan. ? ~ } {IV yj / :~:I~~i cY r t I iJ1%~. , ~r. \ /~NiCholson fJ .. / Buol 1'/ ~ p; Y. y;y. !!r~/. Ayes. Nays ~ Irl' ìJ Cline ! '¡ Connors Duggan Markham Û . -- / ' . . ~ B.~,\ r: /~yl)'\ 111ò1? 11;1 J~~~ 18 . 8. . . Dubuque County Conservation Board Grant Request City Manager recommending that the City provide $10,000 match towards the Dubuque County Conservation Board's Vision Iowa/CAT application for improvements to Massey Station. Suggested Disposition: Receive and File; Approve ",y~ ) Nays Ý l!;Cline / Connors / ;,4/. Duggan / Ma~am /) Michalski / ~icholson / Buol w> I 9. Dubuque Greyhound Park and Casino City Manager recommending approval of the installation of temporary stop signs at the three-way intersection of Admiral Sheehy Drive and Dubuql,le Greyhound Park Road due to the increased construction traffic. ORDINANCE <ý' -ý" ~ {)1 zf' Amending the Code of Ordinances of the City of Dubuque, Iowa, by modifying Subsection (b) of Section 32-214 thereof providing for the addition of stop signs at the intersection of Admiral Sheehy Drive and Greyhound Park Road Suggested Disposition: Receive and File; Motion B; Motion A Ayes Nays 1// Cline ~/ Connors Duggan / Markham /Michalski /; ¡3/Nicholson / tJBuOI 19 . . . 10. Fiscal Year 2005 Legislative Priorities City Manager recommending approval of the City of Dubuque's Legislative Priorities for Fiscal Year 2005. I _/ Suggested Disposition: Receive and File; ) If . A)/8f$,¡ Nays / l!J Cline / Connors // Duggan ,dIIIarkham / ~,ichalski / Nicholson / Buol 11. City Council Meeting Date .¡J ORDIN,ANCE <Z{5' tf ~ Establishing the date for the first regular meeting of the 1/1'" City Council of the City of Dubuque as July 6, 2004 ., Jv} /I j Suggested Disposition: Receive and File; Motion B; Motion A ~uti IV' tr flnfl/' Jt/<J ;X A~.Y .. g~~~::s ~~jÁ 6. ijf/. ' / "/ Duggan ;JJ I A;;r U Markham p r . ~::.= )d /1) COUNCIL MEMBER REPORTS , . i "j oj; PUBLIC INPUT )t¡/IF At this time, anyone in the Council Chambers may address the counciPon 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. 20 . . . Motion to adjoum at '1: ,/1 A Nays %~line / Connors / Duggan / ~arkham / ,{ ~ichalski '/ - Nicholson / Buol / 21