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7 19 04 Agenda with icons '-., CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:30 P.M. LIBRARY AUDITORIUM MONDAY, JULY 19, 2004 INVOCATION Pastor Jon Peach, Hope Church PROCLAMATIONS Dubuque County Fair Week (July 27 - August 1, 2004) United Way Campaign Time (August 10 - October 31, 2004) ~ ~ Fair Week Un~ed Way 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 7/6; Civil Service Commission of 6/17; Environmental Stewardship Advisory Commission of 7/6; Historic Preservation Commission of 6/17; Library Board of 5/27; Park and Recreation Commission of 6/8; Zoning Advisory Commission of 7/7; Zoning Board of Adjustment of 6/24 Proofs of publication of City Council Proceedings of 6/21 and 6/29 (On file in the City Clerk's Office) Printed Council Proceedings for April 2004 Finance Director submitting the City of Dubuque Financial Reports for the month ending ~une30, 2004 (on file in the City Clerk's Office) Suggested Disposition: Receive and File; Approve as Printed ~ ~ ~ ~ ~ ~ EJ Œy Council Civil Service ESAC HPC Library Bd Zoning Bd of Adj ~ ~ Zoning Advisory Council Proceedings 2. Notice of Claims/Suits Country Springs Condo Homeowners Association for property damage; Edwards Concrete Contractors, Inc. vs. City of Dubuque; Henry and Maryjo Haas, Jr. for vehicle damage Suggested Disposition: Receive and File; Refer to Legal for Investigation/Report Corporation Counsel advising that the following claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Rick D. Mueller for vehicle damage. Corporation Counsel recommending settlement of the claim of Rita R. Stevenson for vehicle damage and directing the Finance Department to issue payment. Suggested Disposition: Receive and File; Concur; Finance to Issue Payment ~ Oaim - lCAP ~ Claim - Settled 3. Civil Service Commission Civil Service Commission submitting the certified lists for the positions of Lead Mechanic and Firefighter. Suggested Disposition: Receive and File; Make a Matter of Record ~ ~ Lead Mechanic Ltr Firefighter Ltr 4. Mediacom Mediacom submitting the 2003 Annual Report (on file in the City Clerk's Office). Suggested Disposition: Receive and File 5. Iowa Department of Economic Development - City Development Board .communication from Steven R. McCann, City Development Board Administrator, submitting the Findings of Fact and Conclusions of Law and the Final Order filed by the City Development Board approving the voluntary annexation petition submitted by the City of Dubuque. Suggested Disposition: Receive and File ~ IDED Ltr 2 6. Plat of Survey - 3860 Asbury Road Zoning Advisory Commission recommending approval of a simple plat to divide Lot 1 in Kitchen family properties located at 3860 Asbury Road as requested by David Schneider/James and Sharon Schneider. RESOLUTION Approving the Plat of Survey of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Kitchen Family Properties in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution ~ [iJJ i ~ [iJJ ~ Piat - ZAC Ltr Schneider - Schneider - Vicinity Schneider - Staff Schneider - Piat of Schneider- Application Map Memo Survey Resolution 7. Scoring of Certified Local Government (CLG) Grant Applications Historic Preservation Commission recommending that the City Council support the proposed scoring process submitted by the State Historical Society of Iowa for Certified Local Government (CLG) Grant applications. Suggested Disposition: Receive and File; Approve ~ ~ ~ ~ CLG - HPC Ltr Ltr to State CLG - Staff Memo SHPO Score Memo 8. Establishment of Fair Market Value City Manager recommending establishment of the Fair Market Value for a portion of the property currently owned by Charles R. and Beverly Pullen at 19299 Riverside Road for wetlands mitigation in connection with the University Avenue extension project. RESOLUTION Establishing the Fair Market Value for certain real property owned by Charles R. and Beverly Pullen in the City of Dubuque, Iowa for wetlands mitigation in connection with the University Avenue extension project Suggested Disposition: Receive and File; Adopt Resolution ~ ~ ~ [jj} [jj} . Value - MVM Memo Value - Staff Memo Value - Resolution Value - VIcinity Map Value - Attachment A 9. Dubuque Yacht Basin - Lease Assignment City Manager recommending approval of the assignment of certain leases between the City of Dubuque and Dubuque Yacht Basin, Inc. from U.S. Bank to American Trust and Savings Bank. RESOLUTION Consenting to the assignment of certain leases between the City of Dubuque, Iowa, and Dubuque Yacht Basin, Inc. to American Trust & Savings Bank 3 10. 11. 12. Suggested Disposition: Receive and File; Adopt Resolution ~ ~. ~ 0 Lease - MVM Memo Lease - Staff Memo Lease - Resoiution Assignment of Lease Agreement US 52 Bridge Repair over Catfish Creek City Manager recommending approval of an agreement between the City of Dubuque and the Iowa Department of Transportation for repairs to the US 52 bridge over Catfish Creek. RESOLUTION Approving the agreement between the City of Dubuque and the Iowa Department of Transportation for repairs to US 52 bridge over Catfish Creek (STPN-52- 2-2J-31) Suggested Disposition: Receive and File; Adopt Resolution ~ ~ ~ Bridge - Resolution ~ Bridge - lOOT Agreement Bridge - MVM Memo Bridge - Staff Memo Port of Dubuque Sign and Landscaping Project - Acceptance City Manager recommending acceptance of the Port of Dubuque Sign and Landscaping Project as completed by Portzen Construction, Inc., in the final contract amount of $78,416.70. RESOLUTION Accepting improvement RESOLUTION Approving final contract amount Suggested Disposition: Receive and File; Adopt Resolutions ~ ~ ~ ~ Final Cost Amount Port - MVM Memo Port - Staff Memo Port - Resolutions Holliday Third Addition - Temporary Access City Manager recommending approval of a request from Tom Larson of Buesing and Associates, representing McDermott Excavating, to construct a temporary access on the Northwest Arterial for construction of improvements to Holliday Third Addition located immediately west of the Northwest Arterial and 1,500 feet south of Asbury Road. Suggested Disposition: Receive and File; Approve 4 13. 14. 15. ~ ~ [jj} Access - Vicinity Map ~ Access - Request Ltr Access -MVM Memo Access - Staff Memo ~ Access - Exhibit A ~ Access - Code Section Four Oaks Community Partnership (cp2) Grant - Subcontract Amendment City Manager recommending approval of an amendment to the subcontract for services for the Four Oaks Housing Education and Rehabilitation Training (HEART) Program Community Partnership (cp2) grant. RESOLUTION Authorizing Four Oaks, Inc. to amend the subcontract with the Four Mounds Foundation for the Housing Education and Rehabilitation Training (HEART) Program Community Partnership Program (cp2) grant Suggested Disposition: Receive and File; Adopt Resolution ~ ~ ~ Four Oaks - Resolution ~ Four Oaks - Amendment Four Oaks - MVM Memo Four Oaks - Staff Memo Dubuque County Historical Society - Subgrantee Agreement City Manager recommending approval of a subgrantee agreement with the Dubuque County Historical Society for a Scenic Byways Grant to prepare Great River Road interpretive signs and a brochure. RESOLUTION Approving a Sub-Grantee Agreement and Contract for Professional Services between Dubuque County Historical Society and City of Dubuque for Scenic Byways Project Suggested Disposition: Receive and File; Adopt Resolution ~ ~ ~ ~ ~ DCHS.- MVM Memo DCHS - Staff Memo DCHS - Resoiution DCHS - Contract for Services Subgrantee Agreement Iowa Health Buyers Alliance City Manager recommending approval of the submittal of a letter in support of an application to be submitted by the Iowa Health Buyers Alliance to the Federal Mediation and Conciliation Service. Suggested Disposition: Receive and File; Approve 5 16. 17. 18. ~ ~ Alliance - MVM Mem( Ltr of Support Public Street Standards City Manager providing information on the City's specifications and standards for minimum thickness and composition for asphalt and concrete surfaces and advising that the Engineering Division will provide recommendations to the City Council within 90 days. Suggested Disposition: Receive and File ~ ~ ~ ~ SUDAS Director Ltr i) Standards - MVM Memo Standards - Staff Memo Standards - Exhibit A Standards - Exhib~ B City Hall Annex Roof Replacement Project City Manager recommending acceptance of the City Hall Annex Roof Replacement Project as completed by Giese Sheet Metal Company, Inc., in the final contract amount of $29,500. RESOLUTION Accepting improvement RESOLUTION Approving final contract amount Suggested Disposition: Receive and File; Adopt Resolutions ~ ~ ~ Roof - MVM Memo Roof - Staff Memo Roof - Resolutions Seippel Road Water Main Extension Project City Manager recommending acceptance of the Seippel Road Water Main Extension Project as completed by W.C. Stewart Construction, Inc., in the final contract amount of $95,866.85. RESOLUTION Accepting improvement RESOLUTION Approving final contract amount Suggested Disposition: Receive and File; Adopt Resolutions ~ ~ ~ Seippel - MVM Memc Selppel - Staff Memo Seippel - Resoiutions 6 19. 20. 21. 22. Confidentiality Agreement - Mediacom City Manager recommending approval of the execution of a Confidentiality Agreement with Mediacom to enable City staff, consultants and attorneys to examine documents, maps and other records supplied which may contain information the cable operator considers proprietary. Suggested Disposition: Receive and File; Approve ~ ~ ~ Mediacom - MVM Memo Medlacom - Staff Memo Confidentiailty Agreement Environmental Stewardship Advisory Commission - Youth Position Communication from Mary Rose Corrigan, Public Health Specialist, advising that she will be soliciting applications for the position of Youth Commissioner for the Environmental Stewardship Advisory Commission. Suggested Disposition: Receive and File ~ ESAC Vacancy Memo Authorization to Sign Checks City Manager recommending that selected SMG and City employees be authorized to sign checks for specialized City of Dubuque bank accounts. RESOLUTION Authorizing certain designated employees of the City of Dubuque and SMG authorization to execute checks on behalf of the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution ~ ~ ~ SMG - MVM Memo SMG - Staff Memo SMG - Resolution Purcnase of Mobile Computer Terminals City Manager recommending approval of the purchase of mobile computer terminals for the Police Department in the amount of $110,477.60. Suggested Disposition: Receive and File; Approve ~ ~ ~ Purchase - MVM Memo Purchase - Staff Memo 7 23. Business Licenses RESOLUTION Granting the issuance of a permit to sell cigarettes and cigarette papers within the City to Kalmes Breaktime Bar and Grill RESOLUTION Granting the issuance of a Class "B" Beer (5-Day Special Event) Permit to Four Mounds Foundation (Tent #1 and #2), Music N More (Tent #1 and #2); Dubuque Area Labor Management (Tent A and B) RESOLUTION Granting the issuance of a Class "C" Beer/Liquor License to Airport Inn, House of China, Clarke Collége (One Day Outdoor Sale), and Jumpers Sports Bar (One Day Outdoor Sale); and Class "C" (5-Day Special Event) Beer/Liquor License to Dubuque Area Labor Management Council (Tent C) Suggested Disposition: Adopt Resolutions ~ ~ ~ Resoluüon #1 Resolution #2 Resolution #3 BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Boards/Commissions: Historic Preservation Commission (Old Main - One vacancy through expire 7/1/05; At- Large - One term through expire 7/1/06): Applicants: For At-Large - Mary Loney Bichell, Timothy G. Goen, Matthew Lundh Transit Board of Trustees (One three-year term through 7/30107) Applicant: Don Stedman Appointments to the following Commission: Five Flags Civic Center Commission (One three-year unexpired term which will expire 6/29/06; Three three-year terms which will expire 6/29/07 - terms of Nauman, Bakke, Brannon) Applicants: Rod Bakke, Michael P. Brannon, Mark Nauman ~. ~ ~ HPC Applicaüons ~ Trans~ Application ~ Civic Qr Applications OVerview Sheet Bd and Comm List 8 PUBLIC HEARINGS SUSPEND THE RULES 1. University of Dubuque/Institutional District Amendment Proof of publication on notice of hearing to consider amending the University of Dubuque Institutional District to allow for the extension of University Park Drive as requested by the University of Dubuque 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 ~ i1 i [jj} UD - ZAC Ltr UD - Appiication UD - Vicinity Map UD - Exhibit B [jj} UD - Letters i UD - Amended District ~ íÎJ ~ ~ UD - Arborvitae ~ UD - Staff Report UD - Map UD - Ordinance Suggested Motion 2. RJS Development, Inc. - Request to Rezone Proof of publication on notice of hearing to consider rezoning property located at 3230 Dodge Street from CS Commercial Service and Wholesale District to C-3 General Commercial District at the request of RJS Development, Inc., 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 3230 Dodge Street (U.S. Highway 20) from CS Commercial Service and Wholesale District to C-3 Ç3eneral Commercial District Suggested Disposition: Receive and File; Motion B; Motion A ~ i1 RJS - Appiicatlon ~ ~ ~ ~ RJS - ZAC Ltr RJS - Vicinity Map RJS - Staff Report RJS - Ordinance Suggested Motion 9 Moose Lodge #355 - Request to Rezone Proof of publication on notice of hearing to consider rezoning property located at 2635 Windsor Avenue from C-1 Neighborhood Commercial District to OC Office Commercial District as requested by John Herrig/Moose Lodge #355/James Christensen, and Zoning Advisory Commission recommending approval. 3. Communication from Cheryl Schick, 706 Hennepin Street, in opposition to the proposed rezoning. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 2635 Windsor Avenue from C-1 Neighborhood Commercial District to OC Office Commercial District Suggested Disposition: Receive and File; Motion B; Motion A ~ Moose Lodge - ZAC Ltr iJ1 Schick Ltr [iJ} Moose Lodge. Appiication ~ ~ ~ Moose Lodge - Moose Lodge - Staff Vicin~ Map Report Moose Lodge - Ordinance ~ SuggesŒd Motion RESINSTATE THE RULES ACTION ITEMS Final Plat - Forest Grange Subdivision No.3 City Manager recommending approval of the final plat of Lots 1 - 6, inclusive, of Forest Grange Subdivision No.3. 1. RESOLUTION Approving final plat of Lots 1 - 6, inclusive, of Forest Grange Subdivision No.3 in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution ~ EJ Final Plat - MVM Memo [i1] Forest Grange - Anal Plat [iJ} Forest Grange - Appiication ~ ~ ~ Forest Grange - Vicin~ Map ~ Finai Plat - Staff Memo Final Piat - Staff Report Final Plat - Resolution 10 2. Dubuque Jaycees Communication from the Dubuque Jaycees, KDTH, KATF, KGRR and 101.1 the River Radio requesting to conduct a fireworks display on Sunday, July 3, 2005 on Volunteer Road between Hawthorne and Lime Streets. Communication from the Dubuque Jaycees, KDTH, KATF, KGRR and 101.1 the River Radio requesting the right of first refusal to the July 3rd date in future years for this event. Suggested Disposition: Receive and File; Council ~ Jaycees' Ltr 3. Fifth and Bell Street Signage City Manager providing additional information regarding the proposed signage at Fifth and Bell Streets. 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 on East Fifth Street ORDINANCE Amending the Code of Ordinances of the City of Dubuque, Iowa by modifying Subsection (b) of Section 32-214 thereof providing for the deletion of stop signs at the intersection of East Fifth Street and Bell Street ORDINANCE Amending the Code of Ordinances of the City of Dubuque, Iowa by modifying Subsection (b) of Section 32-216 thereof providing for the deletion of a yield sign at the intersection of East Fifth Street and Bell Street Suggested Disposition: Receive and File; Motion B; Motion A (First Reading on July 6, 2004) ~ Signagè - MVM Mem< 7{19 ~ Signage - Staff Memo 7{19 ~ ~ ~ ~ ~ Signage - MVM Mem< Signage - Staff Memo Signage - Ordinance Signage - Ordinance Signage - Ordinance #1 #2 #3 11 4. Building Permit Moratorium - Bee Branch Creek City Manager recommending that the building permit moratorium for commercial properties and for the construction of new residential structures in the Bee Branch Creek Alignment study area be extended through July 1, 2005. ORDINANCE Amending the City of Dubuque Code of Ordinances, Chapter 11, Buildings and Building Regulations, by adding a new Section 11-58.5 Adopting a Moratorium on the Issuance of Building Permits for Commercial and New Residential Construction in the Bee Branch Creek Restoration Alignment Study Area Suggested Disposition: Receive and File; Motion B; Motion A ~ ~ ~ [jj} Moratorium - Exhibit A ~ Moratorium - Exhlb~ B Mortorlum - MVM Memo Moratorium - Staff Memo Moratorium - Ordinance ~ Suggested Motion 5. Lombard Street - No Parking Ordinance City Manager recommending approval of the removal of parking on the north side of Lombard Street along the Washington Junior High School property, as requested by residents of the area. ORDINANCE Amending Section 32-262(d) of the Code of Ordinances of the City of Dubuque, Iowa, prohibiting parking on designated streets or portions thereof by adding a portion of Lombard Street Suggested Disposition: Receive and File; Motion B; Motion A ~ ~ ~ [iJ] Lombard - MVM Lombard - Staff Lombard - OrdinancE Lombard - Map Memo Memo ~ Suggested Motion 6. Through Street Ordinance City Manager recommending approval to designate streets wider than 36 feet within the corporate limits of the City of Dubuque as through streets and to allow for changes in the stop and yield sections of the City'Code to be consistent with the "through streets" ORDINANCE Amending the Code of Ordinances of the City of Dubuque, Iowa, adding various streets to Subsection (b) of Section 32-213 thereof providing for the designation of through streets ORDINANCE Amending the Code of Ordinances of the City of Dubuque, Iowa, by modifying Subsection (b) of Section 32-214 thereof providing for the deletion of stop signs at various intersections as described 12 ORDINANCE Amending the Code of Ordinances of the City of Dubuque, Iowa, by modifying Subsection (b) of Section 32-216 thereof providing for the deletion of a yield sign at the intersection of Lake Eleanor Road and Digital Drive Suggested Disposition: Receive and File; Motion B; Motion A ~ ~ ~ ~ ~ ~ Ordinances - MVM Memo Ordinances - Staff Memo Ordinance #1 Ordinance #2 Ordinance #3 Suggested Motion 7. Resources Enhancement and Protection (REAP) Program City Manager recommending approval of the Fiscal Year 2005 REAP grant application for Phase 1 of Water Works Park at the Hawthorne Street Peninsula. Communication from the Dubuque County REAP Committee requesting confirmation of a representative to the REAP Committee (currently Council Member Joyce Connors). RESOLUTION Authorizing a grant application to the Iowa Department of Natural Resources for REAP funds for Phase 1 of Water Works Park Suggested Disposition: Receive and File; Council Appointment; Adopt Resolution ~ ~ ~ ~ ~ REAP - CIP Project REAP - MVM Memo REAP - Staff Memo REAP - Resolution REAP Update ~ REAP Committee Ltr 8. Adoption of International Building Code (IBC) City Manager recommending adoption of the 2003 International Building Code (IBC) published by the International Code Council, Inc. ORDINANCE Amending the Code of Ordinances, City of Dubuque, Iowa by repealing Section 11-1 and Section 11-2 and enacting new Sections 11-1 and 11-2 in lieu thereof adopting the 2003 International Building Code for the City of Dubuque, Iowa and providing for the issuance of permits and collection of fees therefore Suggested Disposition: Receive and File; Motion B; Motion A ~ ~ ~ U ~ IBC - MVM Memo IBC - Staff Memo IBC - Ordinance Suggested Motion 13 9. Adoption of International Residential Code (IRC) City Manager recommending adoption of the 2003 International Residential Code (IRC) published by the International Code Council, Inc., and also the adoption of five amendments recommended by the Building Code Board of Appeals. ORDINANCE Amending the Code of Ordinances, City of Dubuque, Iowa by adding and enacting new Sections 11-5 and 11-6 thereof adopting the 2003 International Residential Code for the City of Dubuque, Iowa and providing for the issuance of permits and collection of fees therefore Suggested Disposition: Receive and File; Motion B; Motion A ~ ~ ~ ~ IRC - MVM Memo IRC - Staff Memo IRC - 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. CLOSED SESSION Pending Litigation and Property Acquisition - Chapter 21.5(1 )(c)ü) 2003 Code of Iowa Jeanne F. Schneider July 15, 2004 14