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9 20 04 Agenda No icons CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:30 P.M. LIBRARY AUDITORIUM MONDAY, SEPTEMBER 20, 2004 INVOCATION Sr. Joy Peterson, President of the Sisters of the Presentation PROCLAMATIONS Constitution Week (September 17 - 23,2004) Crop Walk Day in Dubuque (October 3, 2004) 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 9/7 and 9/13; Transit Board of 5/13; Zoning Advisory Commission of 9/1 Finance Director submitting the City of Dubuque Financial Reports for the month ending August 31,2004 (on file in City Clerk's Office) Printed City Council Proceedings of August, 2004 Library Board of Trustees Update from meeting of September 2, 2004 Suggested Disposition: Receive and File; Approve as Printed 2. Notice of Claims/Suits Milt Avenarius for property damage; Mike Bisdorf for property damage; Lisa Brissey for vehicle damage; Theresa Holland for vehicle damage; Jeff Hoyne for vehicle damage; Ferdinand Krawczuk for vehicle damage; Peak Financial Partners vs. City of Dubuque Housing Services et al; Jeff Reuter for property damage Suggested Disposition: Receive and File; Refer to Legal for Investigation/Report 7. 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: William Brenner for personal injury; Lisa Brissey for vehicle damage; Constance Gibbs for vehicle damage; Ferdinand Krawczuk for vehicle damage; and Jeff Reuter for property damage Corporation Counsel recommending that the claim of Theresa Holland for vehicle damage be referred to WC Stewart Construction, Inc. Suggested Disposition: Receive and File; Concur 3. Arts and Culture Funding Communications from Jennie Bailey, Executive Director of the Iowa Museum Association; Ron Schardt, 3610 Hillcrest Road; John Duggleby, McFarland, Wisconsin; Randy Etheredge, Trustee - Dubuque Museum of Art; John Schmidt, Vice President- Dubuque Museum of Art; Bob Woodward, Woodward Communications; Randy Lengeling, 1165 Arrowhead Drive; Paul Hemmer, 2375 Simpson; William Intrilligator, Dubuque Symphony Orchestra, in support of funding for the Arts and Culture organizations. 4. Suggested Disposition: Receive and File Amalgamated Transit Union Local 329 Communication from Wayne Strohmeyer, President of Amalgamated Transit Union Local 329, regarding benefits for part-time Keyline bus drivers. Suggested Disposition: Receive and File 5. Stipulation of Settlement Corporation Counsel submitting the Stipulation of Settlement of two tax assessment appeals. Suggested Disposition: Receive and File 6. State Historical Society of Iowa Communication from the State Historical Society of Iowa advising that the West Eleventh Street Historic District and Langworthy Historic District have been listed in the National Register of Historic Places effective August 12, 2004. Suggested Disposition: Receive and File Royal Oaks Condominium Project City Manager submitting information on the amount of public input the City has received regarding the Royal Oaks Condominium Project. Suggested Disposition: Receive and File; Council 2 8. 9. 10. 11. Employee Assistance Program Services City Manager recommending approval of an agreement with Mercy Medical Center to provide employee assistance services for City of Dubuque employees and their family members for Fiscal Year 2005. Suggested Disposition: Receive and File; Approve Administrative Services Fee Renewal - Workers' Compensation City Manager recommending approval of the administrative services fee submitted by Alternative Services Concepts (ASC) for administration of the City's workers' compensation claims. Suggested Disposition: Receive and File; Approve Notice of Intent to Request Release of Funds - Stealth Race Cars Property EDI Project City Manager recommending approval of the publication of a Notice of Finding of No Significant Impact on the Environment and Intent to Request Release of Funds for the Stealth Race Cars Property Economic Development Initiative (EDI) Project. RESOLUTION Authorizing publication of a Combined Notice of Finding of No Significant Impact on the Environment and Notice of Intent to Request Release of Funds for the Stealth Race Cars Property EDI Project Suggested Disposition: Receive and File; Adopt Resolution Consolidated Annual Performance and Evaluation Report (CAPER) City Manager recommending approval of the Consolidated Annual Performance and Evaluation Report (CAPER) for the period of July 1, 2003 through June 30, 2004, which is required by the regulations governing the Community Development Block Grant (CDBG) Program. RESOLUTION Authorizing the submission of a Consolidated Annual Performance and Evaluation Project (CAPER) for the period commencing July 1, 2003 and concluding June 30, 2004 12. Suggested Disposition: Receive and File; Adopt Resolution Street Finance Report City Manager recommending approval of the City of Dubuque's Fiscal Year 2004 Street Finance Report for submittal to the Iowa Department of Transportation. RESOLUTION Approving the City of Dubuque Fiscal Year 2004 Street Finance Report Suggested Disposition: Receive and File; Adopt Resolution 3 16. 17. 18. 19. 13. Capital Improvement Program - Request for Reallocation of Funds City Manager recommending approval of the reallocation of Fiscal Year 2005 Capital Improvement Program funds for expansion of the Americas Hangar at the Dubuque Regional Airport. Suggested Disposition: Receive and File; Approve 14. Iowa Federal Recreation Trails Program City Manager communication to the Iowa Federal Recreational Trails Program encouraging support and approval of the City of Farley's request for funding for their Heritage Trail Connection project. Suggested Disposition: Receive and File 15. Eagle Point Park Pavilions Communication from the American Institute of Architects, Iowa Chapter (AlA Iowa) advising that Eagle Point Park Shelters have been nominated and selected as notable buildings of the 20th Century. Suggested Disposition: Receive and File Sidewalks - Asbury Road Communication from Bobby Marten submitting a petition to require sidewalks on the north side of Asbury Road from John F. Kennedy Road to the Northwest Arterial. Suggested Disposition: Receive and File; Refer to City Manager Professional Services Agreement City Manager recommending approval of a Professional Services Agreement and payment of $9,898.40 to Steven Ulstad Architects for services and expenses related to the Police Department remodeling project. Suggested Disposition: Receive and File; Approve KFXA-TV Tower Rental City Manager recommending approval of the execution of a lease for $12,000 a year with KFXA-TV to rent additional tower space for a second antenna to support the Police Department mobile radio system. Suggested Disposition: Receive and File; Approve Legislative Correspondence Communications to Senator Charles Grassley, Senator Tom Harkin and Congressman Jim Nussle regarding FEMA reimbursement for flood related damages. Suggested Disposition: Receive and File 4 20. Business Licenses RESOLUTION Granting the issuance of Class "C" Beer Permits to Molo Oil Company and Wal-Mart Stores, Inc. RESOLUTION Granting the issuance of Class "C" Beer/Liquor License permits to Angie's Bar, Happy's Place, Carlos O'Kellys, Fat Tuesday's, Grand Tap, One Flight Up; Special Class "C" Wine Permit to Grape Harbor; Class "B" Wine Permit to Wal-Mart Supercenter Suggested Disposition: Adopt Resolutions BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Commission: Housing Commission (One 3-year unexpired term through 8/17/05) Applicant: Angela Mozena Appointments to the following Boards/Commissions: Civic Center Commission (One unexpired 3-year term through 6/29/06) Applicants: Brian D. Hutchins, Bryce Parks Housing Advisory Trust Fund Committee (One 3-year term through 9/7/07 - Term of J. Walsh) Applicant: John V. Walsh Mechanical Code Board (Three 3-year terms through 3/16/07 - Terms of Kelly, Papin and one vacancy) Applicants: Chuck Bandy, David Cleek, Michael P. Kelly, Sean O'Malley, Paul Papin (also on Plumbing Board) 5 PUBLIC HEARINGS SUSPEND THE RULES 1. Cedar Lake Plaza Planned Unit Development (PUD) District Proof of publication on notice of hearing to consider an amendment to the Cedar Lake Plaza Planned Unit Development (PUD) District as requested by Rick Anderson/Anderson/Schaul Carwash Corporation and Zoning Advisory Commission recommending approval, with conditions. Communication from Clark Payne, President of the Turnberry Condominium Owners Association, in opposition to the proposed Cedar Lake Plaza Planned Unit Development (PUD) amendment. Communication from Howard McLean and Dorothy McLean in opposition to the proposed amendment to the Cedar Lake Plaza Planned Unit Development (PUD) District. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances providing for the amendment of Ordinance 63-97, which adopted regulations for hereinafter described property located at Cedar Lake Plaza, 395 Cedar Cross Road, in a PUD Planned Unit Development District with a PC Planned Commercial designation 2. Suggested Disposition: Receive and File; Motion B; Motion A 55 West 32od Street - Request to Rezone Proof of publication on notice of hearing to consider rezoning property located at 55 West 32nd Street from AG Agricultural District and R-1 Residential District to HI Heavy Industrial District as requested by North End Wrecking, Inc., and Zoning Advisory Commission recommending approval, with conditions. Communication from Richard Koob, 330 Olympic Heights, in opposition to the proposed rezoning at 55 West 32nd Street. Communication from Paul J. Uhlrich in opposition to the proposed rezoning at 55 West 32nd Street. Communication from AI Hughes, representing residents of the area known as Olympic Heights, in opposition to the rezoning request of Mr. Roger Kunde and submitting a petition signed by the residents. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 55 West 32nd Street from AG Agricultural District to HI Heavy Industrial District, with conditions Suggested Disposition: Receive and File; Motion B; Motion A 6 6. 3. 3366 Crescent Ridge - Request to Rezone Proof of publication on notice of hearing to consider rezoning property located at 3366 Crescent Ridge from R-1 Residential District to CS Commercial Service District as requested by Burt Steve & Sons Garage and Zoning Advisory Commission recommending approval, with conditions. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 3366 Crescent Ridge from R-1 Single-Family Residential District to CS Commercial Service and Wholesale District, with conditions Suggested Disposition: Receive and File; Motion B; Motion A 4. 2018 Grace Street - Request to Rezone Proof of publication on notice of hearing to consider rezoning property located at 2018 Grace Street from R-1 Residential District to ID Institutional District 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 reclassifying hereinafter described property located at 2018 Grace Street from R-1 Single-Family Residential District to ID Institutional District Suggested Disposition: Receive and File; Motion B; Motion A 5. 2184 Bennett Street - Request to Rezoning Proof of publication on notice of hearing to consider rezoning property located at 2184 Bennett Street from R-1 Residential District to ID Institutional District 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 reclassifying hereinafter described property located at 2184 Bennett Street from R-1 Single-Family Residential District to ID Institutional District Suggested Disposition: Receive and File; Motion B; Motion A 300 - 400 South Locust - Request to Rezone Proof of publication on notice of hearing to consider rezoning property located at 300 - 400 South Locust from LI Light Industrial to C-3 General Commercial District as requested by Hy-Vee, 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 300 South Locust Street from LI Light Industrial District to C-3 General Commercial District Suggested Disposition: Receive and File; Motion B; Motion A 7 7. HI Heavy Industrial District - Text Amendment Proof of publication on notice of hearing to consider a text amendment to add retail sales and service as a conditional use in the HI Heavy Industrial District as requested by Tschiggfrie Excavating, and Zoning Advisory Commission recommending approval. ORDINANCE Amending Section 3-4.2(d) of the City of Dubuque Code of Ordinances by adding retail sales and service use as a conditional use in the HI Heavy Industrial Zoning Districts Suggested Disposition: Receive and File; Motion B; Motion A 8. Railroad Avenue - Request to Vacate Proof of publication on notice of hearing to consider a request from Hy-Vee to vacate a portion of Railroad Avenue and City Manager recommending approval and that the purchase price be established at $100,000, plus the relocation of all utilities, platting, publication and filing fees. RESOLUTION Approving plat of proposed vacated Railroad Avenue from Locust Street to Harrison Street ORDINANCE Vacating Railroad Avenue from Locust Street to Harrison Street RESOLUTION Disposing of City interest in Lot 1A of Eagles Place in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolutions; Motion B; Motion A 9. Associates Drive - Request to Vacate Proof of publication on notice of hearing to consider a request from THE CU-LlNK, Inc., to vacate and purchase a portion of Associates Drive abutting Lot 8 of Medical Associates Subdivision No.2 and City Manager recommending approval and that the purchase price be established at $6,231, plus platting, publication and filing fees. RESOLUTION Approving plat of proposed vacated portion of Associates Drive abutting Lot 8 of Medical Associates Subdivision No.2 ORDINANCE Vacating a portion of Associates Drive abutting Lot 8 of Medical Associates Subdivision No.2 RESOLUTION Disposing of City interest in Lot 8A of Medical Associates Subdivision No.2, Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolutions; Motion B; Motion A 8 10. 11. 12. 13. Fiscal Year 2005 Budget Amendment Proof of publication on notice of hearing to consider the first amendment to the Fiscal Year 2005 budget and City Manager recommending approval. RESOLUTION Amending the current budget for the Fiscal Year ending June 30, 2005 Suggested Disposition: Receive and File; Adopt Resolution 2004 Curb Ramp Installation - CDBG Project #2 Proof of publication on notice of hearing on the 2004 Curb Ramp Installation - CDBG Project #2 and City Manager recommending award of the contract to Skyline Construction in the amount of $31 ,830. RESOLUTION Adopting plans and specifications RESOLUTION Awarding contract Suggested Disposition: Receive and File; Adopt Resolutions Marshall Park Sanitary Sewer Extension Project Proof of publication on notice of hearing on the Marshall Park Sanitary Sewer Extension Project and City Manager recommending award of the contract to Fondell Excavating in the amount of $89,766. RESOLUTION Adopting plans and specifications RESOLUTION Awarding contract Suggested Disposition: Receive and File; Adopt Resolutions Arboretum Entrance Road Construction Project Proof of publication on notice of hearing on the Arboretum Entrance Road Construction Project and City Manager recommending award of the contract to Portzen Construction, Inc., in the amount of $107,601. RESOLUTION Adopting plans and specifications RESOLUTION Awarding contract Suggested Disposition: Receive and File; Adopt Resolutions REINSTATE THE RULES 9 3. 4. ACTION ITEMS 1. Code of Ordinances - Chapter 5 - Alcoholic Beverages City Manager recommending approval of two ordinance changes to help reduce the availability and over indulgence of alcohol. Communication from Rick Merfeld, Director of Residence Life - University of Dubuque, in support of the proposed ordinances. ORDINANCE Amending Chapter 5 Alcoholic Beverages of the City of Dubuque Code of Ordinances by enacting a new Section 5-9 prohibiting buffet sales of alcoholic liquor, wine or beer ORDINANCE Chapter 5 Alcoholic Beverages of the City of Dubuque Code of Ordinances is amended by adding the definitions of restaurant and kitchen facility to Section 5-2 and amending Section 5-7.2 prohibiting persons under the legal age from remaining on the premises where alcoholic liquor is sold or dispensed thirty minutes after any restaurant on the licensed premises is closed 2. Suggested Disposition: Receive and File; Motion B; Motion A Iowa Highway 32 (Southwest Arterial) - Phase I Consultant Selection (Tabled on September 7,2004) City Manager submitting additional information regarding the inclusion of a construction contractor on the engineering consultant project team for the Iowa Highway 32 (Southwest Arterial) Phase I - Preliminary Engineering Design Services project. City Manager recommending approval of the selection of Earth Tech, Inc., partnered with Durrant Architects, as the consultant for the Iowa Highway 32 (Southwest Arterial) Phase I - Preliminary Engineering Design Services project. Suggested Disposition: Remove from Table; Receive and File; Approve Downtown Conservation District - Dubuque Community School District (Third Reading) ORDINANCE Amending Chapter 11 (Building Regulations) of the City of Dubuque Code of Ordinances regarding the Downtown Neighborhood Conservation District Communication from John Burgart, Dubuque Community School Superintendent, regarding the School District request. Suggested Disposition: Receive and File; Motion A (Third Reading) Downtown Conservation District Regulations City Manager recommending approval of procedures for review of Conservation District projects of state and other local governmental units. ORDINANCE Amending Chapter 11 (Building Regulations) of the City of Dubuque Code of Ordinances regarding Conservation Districts Suggested Disposition: Receive and File; Approve 10 5. Dubuque Community School District Communication from John Burgart, Superintendent of the Dubuque Community School District, expressing appreciation to the City for providing playground improvements and equipment at Bryant and Table Mound Elementary Schools. Suggested Disposition: Receive and File 6. Commission on Accreditation for Law Enforcement Agencies Communication from the Commission on Accreditation for Law Enforcement Agencies advising that the City of Dubuque Police Department has been awarded Reaccreditated status. Suggested Disposition: Receive and File 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)(j) 2003 Code of Iowa Jeanne F. Schneider September 16, 2004 11