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8 2 04 Council Agenda Wf Icons . ,.. .. CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:30 P.M. LIBRARY AUDITORIUM MONDAY, AUGUST 2, 2004 INVOCATION Father Thomas Rhomberg PROCLAMATIONS Responsible Gaming Education Week (August 2 - 6, 2004) Tour de Dubuque Day (August 28, 2004) fi[J fi[J Responsible GalTing Tour de Dubuque 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 716 and 7/14; Cable TV Regulatory Commission of 7/14; City Council of7/19; Enterprise Zone Commission of 6/14; Housing Code Appeals Board of 6/15 (Revised); Housing Commission of 6/22; Human Rights Commission of 6/7; Investment Oversight Commission of 7/26; Library Board of Trustees of 6/24 Quarterly Report of the Investment Oversight Commission Substance Abuse Services Center Fourth Quarter Report for Fiscal year 2004 Proof of publication of City Council Proceedings of July 6, 2004 (On file in the City Clerk's Office) Printed Council Proceedings for May, 2004 Suggested Disposition: Receive and File; Approve as Printed fi[J fi[J fi[J u u 0- Airport - 7/6 Airport - 7/14 Cable "TV Regulatory City Council Enterprise Zone Housing Code Appeals Bd fi[J u fi[J u fi[J fi[J Housing Conmssion Hurran Rights IOAC Minutes Ubrary Bd Ubrary Bd Update IOAC Report 0- u SASC Report Council Proceedings 2. Notice of Claims/Suits Jeanne Helling for personal injury; JP Cullen and Sons, Inc. for payments due; Robert J. Lyons for vehicle damage; Qwest for property damage; Michael Rettenmeier for property damage Suggested Disposition: Receive and File; Refer to Legal for InvestigationlReport 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: Jeanne Helling for personal injury; Robert J. Lyons for vehicle damage Corporation Counsel recommending settlement of the claim of Country Springs Condo Homeowners Association for property damage and directing the Finance Department to issue payment. Corporation Counsel recommending denial of the claim of Henry Haas, Jr. for vehicle damage. Suggested Disposition: Receive and File; Concur; Finance Department to Issue Payment 0- 0- 0- Claim; - lCAP Claim - Settled Claim- Denied 3. City of Asbury - Annexation Update Communication from Richard A. Anderson, Mayor - City of Asbury, providing an annexation update. Suggested Disposition: Receive and File 0- Asbury Ur 2 4. 2004 Local Law Enforcement Block Grant Application City Manager recommending approval of the submission of the Police Department's 2004 Local Law Enforcement Block Grant application. Suggested Disposition: Receive and File; Approve u u UEBG - MVM Memo UEBG - Staff Memo 5. Ice Harbor Pump Auxiliary Power Project City Manager recommending acceptance of the Ice Harbor Pump Auxiliary Power Project as completed by Portzen Construction in the final contract amount of $69,395. RESOLUTION Accepting improvement RESOLUTION Approving final contract amount Suggested Disposition: Receive and File; Adopt Resolutions u u ~ ~ Pump - MVM Memo Pump - Staff Memo Pump-Resolutions Pump - Final Estirrate 6. Fourth Zone Water Tower Construction Project City Manager recommending acceptance of the Fourth Zone Water Tower Construction Project as completed by Landmark Structures 1, LP. in the final contract amount of $1,234,770.11. RESOLUTION Accepting improvement RESOLUTION Approving final contract amount Suggested Disposition: Receive and File; Adopt Resolutions r!(J ~ ~ Tower - MVM Memo Tower - Staff Memo Tower - Resolutions 7. Workers' Compensation Excess Insurance City Manager recommending approval of the continuation of Safety National as the City's excess workers' compensation carrier effective July 1, 2004 and an increase of the self-insured retention to $450,000. Suggested Disposition: Receive and File; Approve 3 8. 9. u ~ Insurance - MVM Memo Insurance - Staff Memo Burlington Trailways Contract City Manager recommending approval of an Independent Commission Agency Contract between the City of Dubuque and Burlington Trailways upon termination of the Greyhound Bus service. Suggested Disposition: Receive and File; Approve ~ ~ Trailways - MVM Memo Trailways - Staff Memo Enterprise Zone Contract for Gronen Adaptive Reuse LLP City Manager recommending approval of a Housing Enterprise Zone Program Agreement by and among the Iowa Department of Economic Development, the City of Dubuque, and Gronen Adaptive Reuse LLLP, related to the redevelopment of properties in the 1000 block of Main Street. RESOLUTION Approving a Housing Enterprise Zone Program Agreement by and among the Iowa Department of Economic Development, the City of Dubuque, and Gronen Adaptive Reuse, LLLP Suggested Disposition: Receive and File; Adopt Resolution ~ ~ u ~ 0. Gronen - MVM Memo Gronen - Staff Memo Gronen - Resolution Enterprise Zone Agreement Gronen Application ~ Enterprise Zone Minutes 10. Jackson Street/West Locust Street Resurfacing Project City Manager recommending acceptance of the Jackson Street/West Locust Street Resurfacing Project as completed by River City Paving, a Division of Mathy Construction Co., in the final contract amount of $1,162,381.33. RESOLUTION Accepting improvement RESOLUTION Approving final contract amount Suggested Disposition: Receive and File; Adopt Resolutions 4 11. 12. 13. ~ ~ u 0. Jackson - MVM Memo Jackson - Staff Memo Jackson - Resolutions Jackson - Final Costs Port of Dubuque Building Demolition and Clearance Project City Manager recommending acceptance of the Port of Dubuque Building Demolition and Clearance Project as completed by WC Stewart Construction Company in the final contract amount of $91 ,500. RESOLUTION Accepting improvement RESOLUTION Approving final contract amount Suggested Disposition: Receive and File; Adopt Resolutions ~ ~ u 0- Port of Dubuque- MVM Memo Port of Dubuque - Staff Memo Port of Dubuque- Final Costs Port of Dubuque - Resolutions Downtown Master Plan City Manager transmitting the Citizen Guide for the Downtown Master Plan. Suggested Disposition: Receive and File u ~ Master Plan - MVM Memo Master Plan - Staff Memo Note: The Downtown Master Plan is enclosed as hard copy. Adams Street - Plat of Survey City Manager recommending approval of the plat of survey showing the recently- surveyed Adams Street and Bodega Street between East 5th Street and Ice Harbor Drive (formerly East 4th Street). RESOLUTION Approving Plat of Survey of Adams Street, the easterly line of Bodega Street, the southerly line of East Fifth Street, the northerly line of Ice Harbor Drive and Lot B of Lot 11 in Industrial Subdivision No.2 all in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution u u fi[J 0- 0. Plat - MVM Memo Plat - Staff Memo Plat - Vicinity Map Plat - Resolution Plat of Survey 5 14. 15. 16. 17. Heron Pond Fishing Pier - 28E Agreement City Manager recommending approval of an amendment to the 28E Agreement with the Iowa Department of Natural Resources for funding for the Heron Pond Fishing Pier Project. Suggested Disposition: Receive and File; Approve ~ u 0- 28E - MVM Memo 28E - Staff Memo 28E Agreement Kavanaugh Estate City Manager recommending the City accept a $19,644.77 bequest from the Will of Jeanette Kavanaugh and target the funds for marketing and promotion of the KeyLine system. Suggested Disposition: Receive and File r!(J ~ 0. Kavanaugh - MVM Memo Kavanaugh - Staff Memo Trans~ Memo Purchase of Property City Manager recommending approval of the purchase of a residential dwelling owned by Tim and Victoria Widmeier at 775 Gillespie Street for the planned expansion of the West 32nd Street detention basin, RESOLUTION Approving the acquisition of real estate located at 775 Gillespie Street in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution ~ ~ ~ Purchase - MVM Memo Purchase - Staff Memo Purchase - Resoiution Quarterly Investment Report City Manager submitting the June 20,2004 Quarterly Investment Report as prescribed within the City of Dubuque Investment Policy Section 17.0 "Reporting," Suggested Disposition: Receive and File ~ u {J {J {J {J Report - MVM Memo Report - Staff Memo Cash Investment & Earnings Sumrrary CertWicates of Investment Sumrrary Schedule of City Depos~ Funds 6 18. 19. 1. Iowa Department of Economic Development Communication from the Iowa Department of Economic Development congratulating the City on the successful completion of the Community Economic Betterment Account (CEBA) Program with Swiss Valley Farms, Suggested Disposition: Receive and File 0. IDED Ltr Business Licenses RESOLUTION Granting the issuance of two renewal licenses to sell cigarettes and cigarette papers to BricktownlCooper Management and Hammerheads Bar and Grill RESOLUTION Granting the issuance of a Class "C" Beer Permit to Sid's Beverage Store RESOLUTION Granting the issuance of a Class "C" BeerlLiquor License to Clarke College and Shannon's Bar and Grill; a Special Class "C" Liquor License to Bell Tower Productions; and a Class "B" Wine Permit to Sid's Beverage Store Suggested Disposition: Adopt Resolutions ~ u ~ Resolution #1 Resolution #2 Resolution #3 ITEMS TO BE SET FOR PUBLIC HEARING Praxair Oxygen Supply Agreement City Manager recommending that a public hearing be set for August 16, 2004 to consider disposing of an interest in real property at the Water Pollution Control Plant for the installation of an oxygen generating and liquid oxygen storage facility by Praxair, Inc, RESOLUTION Of intent to dispose of an interest in real property at the Water Pollution Control Plant by agreement with Praxair, Inc., a Delaware Corporation Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 8/16/04 ~ u ~ 0- Praxair - MVM Memo Praxair - Staff Memo Praxair - Resoiution Praxair Agreement 7 2. Villa Street Retaining Wall 2004 Reconstruction Project - Initiate City Manager recommending initiation of the bidding process for the Villa Street Retaining Wall 2004 Reconstruction Project and that a public hearing be set for September 7, 2004. RESOLUTION Preliminary approval of plans and specifications RESOLUTION Fixing date of hearing on plans and specifications RESOLUTION Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 9/7/04 ~ r!(J u Villa - MVM Memo Villa - Staff Memo Vdia - Resolutions 3. Port of Dubuque Storm Sewer Extension Project - Initiate City Manager recommending initiation of the bidding process for the Port of Dubuque Storm Sewer Extension Project and that a public hearing be set for September 7, 2004, RESOLUTION Preliminary approval of plans and specifications RESOLUTION Fixing date of hearing on plans and specifications RESOLUTION Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 9/7/04 ~ ~ ~ Storm Sewer - MVM Memo Storm Sewer - Staff Memo Storm Sewer - Resoiutions 4. Heron Pond Fishing Pier Construction Project City Manager recommending initiation of the bidding process for the Heron Pond Fishing Pier Construction Project and that a public hearing be set for September 7. 2004. RESOLUTION Preliminary approval of plans and specifications RESOLUTION Fixing date of hearing on plans and specifications 8 RESOLUTION Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 917/04 ~ ~ ~ Pier - MVM Memo Pier - Staff Memo Pier - Resolutions BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Commissions: Airport Commission (One four-year term through 9/14/08 - term of Goodmann) Applicant: Teri Hawks Goodmann Long Range Planning Advisory Commission (One vacant three-year term through 711107): Applicant: James Prochaska Appointments to the following Boards/Commissions: Historic Preservation Commission (Old Main - One vacancy through 7/1/05; At-Large- One term through 7/1/06): Applicants: At-Large - Mary Loney Bichell, Timothy G. Goen (Applicant Matthew Lundh requested that his application be withdrawn) Transit Board of Trustees (One three-year term through 7/30/07) Applicant: Don Stedman ~ ~ 0- 0- 0- 0- Overview Sheet Board and Cormission List Airport Application LRPAC Application HPC Application Trans~ Application PUBLIC HEARINGS SUSPEND THE RULES 1. Petition for Landmark Status - 1339 Alta Vista Proof of publication on notice of hearing to consider a request from David Moessner and Jeanne Stevenson-Moessner to have their property located at 1339 Alta Vista Street designated as a City (local) landmark; communication from the State Historical Society of Iowa advising that the application submitted is incomplete; and Historic Preservation Commission recommending that the public hearing be tabled and the State's of Iowa letter referred to the Commission. 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, 9 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; Table ~ 0- Landnark - HPC Ur State Historical Society Ltr Material from June 7, 2004 Meeting ~ ~ ~ ~ ~ Landmark - HPC Ltr Landmark-Staff Memo Landmark - LRPC Lt, HPC Ltr to LRPAC Staff Memo to LRPAC ~ ~ Landmark - Application Landmark - Ordinance 2. Greater Downtown Urban Renewal District Amendment Proof of publication on notice of hearing to consider amending the Urban Renewal Plan for the Greater Downtown Urban Renewal District to identify the Stealth Race Car property as a possible acquisition site and City Manager recommending approval. Communication from the Long Range Planning Advisory Commission in support of the proposed amendment to the Downtown Urban Renewal District Plan, RESOLUTION Approving an amendment to the Urban Renewal Plan for the Greater Downtown Urban Renewal District Suggested Disposition: Receive and File; Adopt Resolution ~ u ~ ~ 0. District - MVM Memo District - Staff Memo District - Resolution Proposed Amendment District - Map u District. LRPAC Ur Material from June 21, 2004 Meeting ~ u ~ Amendment - MVM Memo Amendment-Staff Memo Resolution of Necessity 10 REINSTATE THE RULES ACTION ITEMS 1. Dubuque Area Chamber of Commerce Convention and Visitors Bureau Request of Sue Czeshinski, Director of the Convention and Visitors Bureau, to present the quarterly report of the Dubuque Area Chamber of Commerce Convention and Visitors Bureau. 2. Suggested Disposition: Receive and File Bee Branch Creek Restoration Project Communication from Charlie Winterwood, Chairman of the Bee Branch Citizen Advisory Committee, submitting the Bee Branch Citizens Advisory Committee recommendations, Suggested Disposition: Receive and File; Refer to City Manager 0. BBCAC Ur 3. Communication from College Presidents Communication from the Presidents of the University of Dubuque, Loras College and Clarke College requesting support of a proposed City ordinance that would prohibit underage persons from being in a bar/tavern from 9:00 p.m. until closing time, Suggested Disposition: Receive and File; Council 0- Presidents' Ur 4. Demolition District Correspondence Historic Preservation Commission submitting proposed amendments to the City's Demolition District regulations and requesting City Council approval. ORDINANCE Amending Chapter 11 (Building Regulations) of the City of Dubuque Code of Ordinances regarding Demolition Districts Suggested Disposition: Receive and File; Motion B; Motion A u ~ ~ 0. ~ Demol~ion - HPC Ur Demol~ion Districts - Redline Demol~ion Districts - Ordinance Demol~ion Districts - CDAC Ur Suggested Motion 11 5. Historic District Public Improvement Program Applications Historic Preservation Commission recommending approval of the funding of two previously approved projects submitted for the Historic District Public Improvement Program (HDPIP). Suggested Disposition: Receive and File; Approve ti[J u 0. 0- HDPIP - Background Memos HDPIP - HPC Ur HDPIP Guidelines Locust Street Sidewalk 6. Arts and Cultural Task Force Communication from the Arts and Cultural Task Force submitting information on the work of the Arts and Cultural Task Force, presenting recommendations and requesting City Council direction, Suggested Disposition: Receive and File; Council u ti[J u {J 0- Task Force Memo Task Force- Attachment A Task Force - Attachment B Task Force- Attachment C Task Force- Attachment D 7. Middle School Traffic Signalization City Manager recommending approval of the Dubuque Middle School/Radford Road Traffic Signalization project and that the City enter into a partnership with the Dubuque Community School District. Suggested Disposition: Receive and File; Approve ~ ~ Middle School- MVM Memo Middle School - Staff Memo 8. Citizen Participation Plan Amendment City Manager recommending approval of an amendment to the Citizen Participation Plan to reflect administrative changes that have occurred and to revise the definition of a substantial amendment. RESOLUTION Amending the Citizen Participation Plan by repealing the existing plan and adopting a new Citizen Participation Plan in lieu thereof for the Community Development Block Grant (CDBG) Program Suggested Disposition: Receive and File; Adopt Resolution 12 9. 10. 11. ~ ~ ~ ~ ~ Amendment - MVM Amendment - Staff Memo Memo Amendment - Resolution Proposed Amendment Amendment - Exhib~ A Dubuque Community School District Partnership City Manager recommending approval of a partnership with the Dubuque Community School District to assist with financing construction of a neighborhood resource center at the new downtown elementary school. Suggested Disposition: Receive and File; Approve u 0. Partnership - MVM Memo New Downtown School Eagle Point Park Rock Face City Manager recommending approval of the issuance of a Request for Proposals for an engineering firm to examine the Eagle Point Park rock bluff, identify any problems, the potential causes for those problems and a course of action to remedy the problems, Suggested Disposition: Receive and File; Approve ~ 0- Rock Face Report Rock Face - MVM Memo Note: Report also included as hard copy. Plumbing Code Ordinance City Manager recommending adoption of the 2003 Uniform Plumbing Code (UPC) published by the International Association of Plumbing and Mechanical Officials, ORDINANCE Of the City of Dubuque, Iowa providing that the Code of Ordinances, City of Dubuque, Iowa be amended by repealing Section 37-1 thereof and enacting a new Section 37-1 thereof pertaining to revising and reenacting a Plumbing 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 u ~ ~ Plumbing Code - MVM Memo Plumbing Code- Staff Memo Plumbing Code- Ordinance Suggested Motion 13 12. Heating, Air Conditioning and Ventilating (Mechanical) Ordinance City Manager recommending adoption of the 2003 International Mechanical Code (IMC) published by the International Code Council. ORDINANCE Of the City of Dubuque, Iowa providing that the Code of Ordinances, City of Dubuque, Iowa, be amended by repealing Section 24-1 thereof and enacting a new Section 24-1 thereof pertaining to revising and reenacting a Mechanical Code of 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 ~ ~ ~ ~ Mechanical Code - MVM Memo Mechanical Code - Staff Memo Mechanical Code - Ordinance Suggested Motion 13. Fifth and Bell Street Signage (Third Reading) 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 A (First Reading on July 6, 2004; Second Reading on July 19, 2004) 6[j ~ Signage - MVM Mem< 7/19 Signage - Staff Memo 7/19 ~ ~ u u ~ Signage - MVM Mem< Signage - Staff Memo Signage - Ordinance Signage - Ordinance Signage - Ordinance #1 #2 #3 COUNCIL MEMBER REPORTS 14 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 - Chapter 21,5(1 )(c) 2003 Code of Iowa Jeanne F, Schneider July 29, 2004 15