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8 16 04 Agenda NO Icons CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:30 P.M. LIBRARY AUDITORIUM MONDAY. AUGUST 16, 2004 INVOCATION Deacon J.C. Otto, Sacred Heart Catholic 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 City Council of 812; Five Flags Commission of 6/21 and 7/19; Historic Preservation Commission of 7/15; Long Range Planning Commission of 7/21; Zoning Board of Adjustment of 7/22 Proof of publication of City Council Proceedings of 7/19 and List of Claims and Summary of Revenues for month ending June 30, 2004 (On file in City Clerk's Office) City of Dubuque Financial Reports for month ending July 31, 2004 (On file in City Clerk's Office) Suggested Disposition: Receive and File 2. Notice of Claims/SuUs Ryan M. Beyer for towing of vehicle; Rose Brandenburg for personal injury; Paul A. Ernst for vehicle damage; Sarah J. Merges for vehicle damage; Delbert G. Miller vs. City of Dubuque; Keith Phillips 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: Rose Brandenburg for personal injury; Keith Phillips for vehicle damage Corporation Counsel recommending that the claim of Michael Rettenmeier for property damage be referred to WC Stewart Construction Company. Suggested Disposition: Receive and File; Concur 3. 4. Iowa Arts Council Copy of communication from Anita Walker, Iowa Arts Council, to Jane Kenworthy, Dubuque Symphony Orchestra, expressing gratification that the City of Dubuque is exploring ways to invest in the arts. Suggested Disposition: Receive and File Purchase of Property at 815 West 32nd Street City Manager recommending approval of the purchase of a residential dwelling located at 815 West 32nd Street as part of the acquisition program associated with expansion of the West 3200 Street detention basin. RESOLUTION Approving the acquisition of real estate located at 815 West 32nd Street in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution 5. Citizen Communication Communication from Bob Felderman, Jojanaro, in opposition to the proposed closing of 12th Street. 6. Suggested Disposition: Receive and File Collective Bargaining Agreement Amendment City Manager recommending approval of an amendment to the Collective Bargaining Agreement between the City and the International Union of Operating Engineers to provide for a work week that consists of ten hours per day and four days per week for full-time Public Safety Dispatchers. 7. Suggested Disposition: Receive and File; Approve Grand River Center City Manager recommending approval of the installation of video conferencing equipment in the Grand River Center and that the system be supplied by and installed by Communication Engineering Company in the amount of $48,159.27. 8. Suggested Disposition: Receive and File; Approve Iowa Department of Transportation RISE Application City Manager recommending approval of the submission of a Revitalize Iowa's Sound Economy (RISE) grant application, in the amount of $1,283,262, to the Iowa Department of Transportation for the extension of Chavenelle Road from Dubuque Industrial Center to Dubuque Industrial Center West. RESOLUTION Endorsing the submission of a Revitalize Iowa's Sound Economy (RISE) application to the Iowa Department of Transportation for the extension of Chavenelle Road West from Dubuque Industrial Center to Dubuque Industrial Center West Suggested Disposition: Receive and File; Adopt Resolution 2 9. 10. 11. 12. 13. Dubuque Initiatives Staffing Agreement City Manager recommending approval of a one year Agreement for Professional Services to provide administrative and accounting services to Dubuque Initiatives. Suggested Disposition: Receive and File; Approve Stonehill Community Association Communication from Harold Conzett and Larry Zettel, Stonehill Community Association, requesting that the Association be allowed to remove the sidewalk on the west side of Windsor Avenue, north of Stone Ridge Place and to replace the walk with grass. Suggested Disposition: Receive and File; Refer to City Manager Stealth Race Cars City Manager recommending approval to send a letter to Terry and Linda Weidemann, owners of Stealth Race Cars property in the Port of Dubuque, officially notifying them of the City's intent to acquire their property. City Manager recommending approval of an Economic Development Initiative (EDI) Grant Agreement amendment for the purchase and demolition of the Stealth Race Cars property in the Port of Dubuque. RESOLUTION Authorizing the filing of an amendment request to the Department of Housing and Urban Development Suggested Disposition: Receive and File; Approve; Adopt Resolution Amendment to Lease with Historical Star Redevelopment, LLC City Manager recommending approval of an amendment to the Lease with Historical Star Redevelopment, LLC to extend an additional $210,000 in loan proceeds to complete roof replacement on the Star Brewery building. RESOLUTION Authorizing the execution of a first amendment to lease agreement with Historical Star Redevelopment, LLC for the Star Brewery Building Suggested Disposition: Receive and File; Adopt Resolution Davis-Bacon Labor Standards RequirementBINew Facility City Manager recommending approval to outsource the monitoring requirements associated with the Davis-Bacon Labor Standard Requirements with the construction of the new Municipal Service Center Facility. Suggested Disposition: Receive and File; Approve 3 14. 15. 16. 17. Grand Opera House Conservation Easement City Manager recommending that the City, as mortgage holder, consent to a fifty-year Conservation Easement Agreement between the Grand Opera House and the Historical Division of the Iowa Department of Cultural Affairs for preservation of the Grand Opera House. RESOLUTION Consenting to a Conservation Easement Agreement between the Grand Opera House, an Iowa Nonprofit Corporation, as Grantor, and the Historical Division of the Iowa Department of Cultural Affairs, as Grantee, for the preservation of the Grand Opera House Suggested Disposition: Receive and File; Adopt Resolution Housing Commission - Resignation Communication from Gina Bell advising that she is resigning from the Housing Commission effective August 2004. Suggested Disposition: Receive and File Cultural and Entertainment District Application City Manager recommending approval of the submission of an application to the Iowa Department of Cultural Affairs to establish a Cultural and Entertainment District in downtown Dubuque. RESOLUTION Establishing the Dubuque Cultural and Entertainment District Suggested Disposition: Receive and File; Approve Business Licenses RESOLUTION Granting the issuance of a Class "C" Beer/Liquor License to Tri-State Golf Center, Players Sports Bar, Los Aztecas, and National Mississippi River Museum; Class "C" Beer/Liquor License (Special One-Day Event) to Grand Opera House and Bricktown; Special Class "C" Liquor to Chao Choo Charles and Cols Center; Class "B" Wine to Oky Doky #6 and #2; and Native Wine (WBN) to Mandolin Inn RESOLUTION Granting the issuance of a Class "B" Beer (Five-Day Special Event) to Dubuque Jaycees (2) and Riverfest; and Class "C" Beer Permit to Clark Services, Rainbo Oil Company, Oky Doky #6 and Amoco Food Shop Suggested Disposition: Adopt Resolutions 4 1. ITEMS TO BE SET FOR PUBLIC HEARING 2004 Local Law Enforcement Block Grant City Manager recommending that a public hearing be set for September 7, 2004 regarding the acceptance ofthe 2004 Local Law Enforcement Block Grant award. Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 9nlO4 2. Marshall Park Sanitary Sewer Extension Project - Initiate City Manager recommending initiation of the public bidding process for the Marshall Park Sanitary Sewer Extension Project and setting a public hearing for September 20, 2004. RESOLUTION Preliminary approval of plans and specifications RESOLUTION Setting date of hearing on plans and specifications RESOLUTION Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 9/20/04 3. Arboretum Entrance Road Construction Project - Initiate City Manager recommending initiation of the public bidding process for the Arboretum Entrance Road Construction Project and setting a public hearing for September 20, 2004. RESOLUTION Preliminary approval of plans and specifications RESOLUTION Setting date of hearing on plans and specifications RESOLUTION Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 9/20104 BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Commission: Housing Commission (Three 3-year terms through 8/17/04 - Terms of Eddy, Kapler and Schwendinger): Applicants: Char Eddy, David J. Kapler, Dorothy Schwendinger, OSF Appointments to the following Commissions: Airport Commission (One four-year term through 9/14/08 - term of Goodmann) Applicant: Teri Hawks Goodmann 5 Long Range Planning Advisory Commission (One vacant three-year term through 7/1/07): Applicant: James Prochaska 1. ACTION ITEMS Eagle Point Park Bluff Request of SA Sutton to address the City Council regarding the Eagle Point Park Bluff. Communication from Robert Eichman and Richard Vorwald requesting that a public hearing be set for September 7, 2004 to discuss the Eagle Point Park Bluff - Rock Face issue. Communications from Ellen Motsch and Leslie L. Motsch regarding the Eagle Point Park Bluffs. Suggested Disposition: Receive and File; Council 2. Request to Address the Council - Proposed Liquor Ordinance Request of Kevin A. Menning to address the Council regarding the proposed City ordinance banning drink specials. Suggested Disposition: Receive and File; Refer to City Manager 3. Downtown Conservation District - Dubuque Community School District Communication from the Dubuque Community School District requesting that the new downtown school building site located on the northeast edge of the Downtown Demolition District be removed from the district. City Manager recommending approval of the Dubuque Community School District request. Communication from Cletus A. Gartner in opposition to the request of the Dubuque Community School District. ORDINANCE Amending Chapter 11 (Building Regulations) of the City of Dubuque Code of Ordinances regarding the Downtown Neighborhood Conservation District Suggested Disposition: Receive and File; Approve; Motion B; Motion A 6 4. Installation of Sidewalks - Dubuque Middle School Communication from the Dubuque Community School District requesting that the City require the installation of sidewalks on areas surrounding the new middle school site on Radford Road. 5. Suggested Disposition: Receive and File; Council Request to Change Tattoo Ordinance City Manager submitting information regarding the practice of micro-pigmentation and recommending that the City not change the current ordinance requiring a physician's supervision. 6. Suggested Disposition: Receive and File; Council Conservation District Process City Manager recommending approval of a proposed process to establish, expand or alter conservation districts (formerly known as demolition districts), in response to a City Council referral of a request for direction from the Historic Preservation Commission. ORDINANCE Amending Chapter 11 (Building Regulations) of the City of Dubuque Code of Ordinances regarding the process for the establishment, expansion or alteration of Conservation Districts Suggested Disposition: Receive and File; Approve; 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. CLOSED SESSION Pending Litigation - Chapter 21.5(1)(c) 2003 Code of Iowa Collective Bargaining Strategy - Chapter 20.17(3) 2003 Code of Iowa Jeanne F. Schneider August 12, 2004 7