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12 20 04 Agenda No Icons CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:30 P.M. LIBRARY AUDITORIUM MONDAY, DECEMBER 20, 2004 INVOCATION Reverend Mark Ressler, Pastor - St. Joseph the Worker Church PROCLAMATIONS Bill Baum Appreciation Jim Waller Appreciation 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 Cable TV Regulatory Commission of 12/8; City Council of 12/6 and 12/13; Civil Service of 10/13; Environmental Stewardship Advisory Commission of 11/2 and 12/8; Human Rights Commission of 11/8; Park and Recreation Commission of 12/7; Zoning Advisory Commission of 12/1 City of Dubuque Financial Reports for the month ending November 30, 2004 (On file in the City Clerk's Office) Proof of publication of City Council Proceedings of November 15, 2004 (On file in the City Clerk's Office) Library Board of Trustees Update from Meeting of November 18, 2004 Suggested Disposition: Receive and File 5. 6. 2. Notice of Claims/Suits Paula Ann Kaufmann for personal injury; Karen S. Powers for personal injury; Randel J. Roy 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: Paula Ann Kaufmann for personal injury; Karen S. Powers for personal injury Corporation Counsel recommending approval of the claim of Randel J. Roy for vehicle damage and directing the Finance Department to issue payment Suggested Disposition: Receive and File; Concur 3. Arts Funding Communication from Melissa A. Hancock urging the City Council to approve $250,000 of general operating funds for Dubuque arts organizations. Suggested Disposition: Receive and File 4. Administrative Services Agreement with Express Scripts, Inc. City Manager recommending approval of an Administrative Services Agreement between the City of Dubuque and Express Scripts, Inc. to provide management of the City's pharmacy benefits. Suggested Disposition: Receive and File; Approve Purchase of Property - 695 West 32nd Street City Manager recommending approval of the purchase of a residential dwelling located at 695 West 32nd Street as part of the acquisition program associated with expansion of the West 32od Street detention basin. RESOLUTION Approving the acquisition of real estate located at 695 West 32od Street in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution Federal Legislative Priorities City Manager recommending approval of the "City of Dubuque Federal Legislative Priorities." Suggested Disposition: Receive and File; Approve 2 7. 8. 9. 10. 11. 12. Flynn Addition - Plat of Survey Zoning Advisory Commission recommending approval of the Plat of Survey of Lots 1 and 2 of Flynn Addition located east of Schloth Road in Dubuque County. RESOLUTION Approving the Plat of Survey of Lots 1 and 2 of Flynn Addition in Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution Shot Tower - Save Our History Grant City Manager recommending approval of a $10,000 Save Our History grant application for the Dubuque Shot Tower History Project, which is a collaborative historical research project of the Historic Preservation Commission and Central Alternative High School. RESOLUTION Authorizing submittal of a Save Our History grant application for the Dubuque Shot Tower History Project Suggested Disposition: Receive and File; Adopt Resolution Mercy Medical Center - Replacement Banners City Manager recommending approval of a request from Mercy Medical Center to install 58 light pole banners using existing banner brackets previously approved by Council to recognize the nursing services credentials recently received. Suggested Disposition: Receive and File; Approve Declaration of Restrictive Covenants City Manager recommending approval of a Declaration of Restrictive Covenants for the Iowa Department of Natural Resources regarding lead contamination at the site of the new Municipal Services Center. Suggested Disposition: Receive and File; Approve Request for Proposals - Interrelated Floodwall Pumping Station Improvements City Manager recommending approval of the issuance of a Request for Proposals for architectural and engineering services for five interrelated floodwall pumping station improvement projects. Suggested Disposition: Receive and File; Approve E-Community Program Communication from the Environmental Stewardship Advisory Commission recommending City Council endorsement of the E-Community Program on behalf of the City of Dubuque and an overview of the program submitted by Mark Henning, E- Community Dubuque Coordinator. Suggested Disposition: Receive and File; Approve Endorsement 3 13. 14. 15. 16. 17. Housing Trust Fund Award Communication from David Harris, Housing and Community Development Director, to Linda Wilson, Project Manager for Housing and Community Development, in appreciation of the $4,000 Fannie Mae contribution toward the operation of the City's Housing Trust Fund. Suggested Disposition: Receive and File Tax Increment Financing Report City Manager transmitting the 2004 summary report on the City's use of Tax Increment Financing to support economic development projects. Suggested Disposition: Receive and File Delinquent Sewer Charges City Manager recommending approval of the submission of delinquent sewer accounts to the Dubuque County Treasurer in order to establish real property liens for collection of such past due accounts. RESOLUTION Authorizing collection of delinquent sewer accounts in accordance with Section 44-83 and 44-86 of the Code of Ordinances of the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution Delinquent Garbage and Refuse Collection Accounts City Manager recommending approval of the submission of delinquent garbage and refuse accounts to the Dubuque County Treasurer in order to establish real property liens for collection of such past due accounts. RESOLUTION Authorizing collection of delinquent garbage and refuse collection accounts in accordance with Section 40-37 and 40-39(d) of the Code of Ordinances of the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution Delinquent Storm Water Management Accounts City Manager recommending approval of the submission of delinquent storm water management accounts to the Dubuque County Treasurer in order to establish real property liens for collection of such past due accounts. RESOLUTION Authorizing collection of delinquent storm water management accounts in accordance with Section 44-282 and 44-86 of the Code of Ordinances of the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution 4 18. 19. 20. 21. 1. ECIA Annual Report East Center Intergovernmental Agency submitting the 2004 Annual Report. Suggested Disposition: Receive and File Eagle Valley Subdivision City Manager recommending approval of the rescinding of Resolution No. 386-04 due to a typographical error and re-approving the final plat of Lots 1-4 and Lots A-B of Block 5 of Eagle Valley Subdivision. RESOLUTION Rescinding Resolution No. 386-04 and approving the final plat of Lots 1- 4 and Lot A-B of Block 5 of Eagle Valley Subdivision Suggested Disposition: Receive and File; Adopt Resolution Civil Service Commission Civil Service Commission submitting the certified list for the position of Sanitation Driver. Suggested Disposition: Receive and File; Make a Matter of Record Business Licenses RESOLUTION Granting the issuance of a Class "C" Beer Permit to Hy-Vee #2 and Oky Doky (Kerper Blvd) RESOLUTION Granting the issuance of a Class "C" Beer/Liquor License to Michael's Bar X, Ten Pin Tap, Bowling and Beyond, and The Ave New Suggested Disposition: Adopt Resolutions ITEMS TO BE SET FOR PUBLIC HEARING Indian Room Rest Room Renovation Project City Manager recommending initiation of the public bidding process for the Indian Room Rest Room Renovation Project and that a public hearing on the plans and specifications be set for February 7,2005. 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 2/5/04 5 BOARDS/COMMISSIONS Appointments to the following Commissions: Human Rights Commission (One Unexpired 3-Year Term through 1/1/07; Three 3-Year Terms through 1/1/07 - Terms of Murray, Oswald and Ross) Applicants: James Jarrard, Gary McAlpin, Lou Oswald, Bill Ross Arts and Cultural Affairs Commission: (1) Four Three-Year Terms through 6/30/07 - Arts Knowledgellnterest (2) Two Two-Year Terms through 6/30/06 - Business/Professional (One Applicant Must LivelWork Within District) (3) One Two-Year Term through 6/30/06 - At Large Applicants - Arts Knowledgellnterest: Ken Bichell, Catherine Goodman, Richard Hall, Ellen Henkels, Louise Kames, Jane Kenworthy, Paul Kohl, loana Mamali, Michele McKinlay, Gene Perry, Susan Riedel, John Tilton, Mark Wahlert, Vincent Williams, John Woodin Applicants - Business/Professional (One Applicant Must LivelWork Inside District): Inside District: Mirdza Berzins, William Intriligator, Louise Kames, Amy Link, John Tilton Outside District: Catherine Goodman, Jim Grady, Ellen Henkels, Cheryl Jacobsen, David Kessler, Karen Ridings Applicants - At Large: Rebecca Fabricius, Catherine Goodman, Jim Grady, Ellen Henkels, Louise Kames, David Kessler, Susan Riedel, John Tilton PUBLIC HEARINGS SUSPEND THE RULES 1. Radford Road and Radford Court - PUD Amendment Proof of publication on notice of hearing to consider amending the PC Planned Commercial District on the northeast corner of Radford Road and Radford Court, to include indoor restaurants and drive-in/carry-out restaurants at the request of Wayne Briggs/Radford Road Real Estate LLC, and Zoning Advisory Commission recommending approval. Communication from Brian J. Kane, representing Radford Road Real Estate, LLC, in support of the rezoning request and responding to concerns expressed in the communication from Dale Lass. Communication from Dale Lass, 2945 Kristen Court and appointed principal of the new west end middle school, in opposition to the proposed PC Planned Commercial District amendment. 6 ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances for hereinafter described property located at the northeast corner of Radford Road and Radford Court to amend Ordinance #86-02 that established a PUD Planned Unit Development District with a PC Planned Commercial District designation Suggested Disposition: Receive and File; Motion B; Motion A 2. Dubuque Industrial Center West - PUD Amendment Proof of publication on notice of hearing to consider amending the PUD Planned Unit Development District to provide for expansion of the Dubuque Indusial Center West as requested by the City of Dubuque and the Zoning Advisory Commission recommending denial. City Manager advising that the City has been awarded $1.26 million by the Iowa Department of Transportation Commission from their Revitalize Iowa's Sound Economy (RISE) program to assist with the extension of Chavenelle Road. Communication from Dianne and Douglas Fritsch, 14238 Middle Road, in opposition to the proposed expansion of the Dubuque Industrial Center West. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances amending Ordinances No. #14-98 and No. #07-01 by reclassifying hereinafter described property located east of Seippel Road and south of Middle Road from AG Agricultural District to PUD Planned Unit Development District with a PI Planned Industrial District designation and adopting an amended Conceptual Development Plan, with conditions, for the Dubuque Industrial Center West 3. Suggested Disposition: Receive and File; Concur with Denial; or Motion B; Motion A (Super Majority Vote Necessary) Historic Preservation Revolving Loan Fund - $200,000 General Obligation Capital Loan Note Proof of publication on notice of hearing to consider approval of an offer by Premier Bank to provide $200,000 to the City for ten years, interest free, for the Historic Preservation Revolving Loan Fund, financed with a $200,000 General Obligation Capital Loan Note and City Manager recommending approval. RESOLUTION Instituting proceedings to take additional action RESOLUTION Approving and authorizing a form of Loan Agreement and authorizing and providing for the issuance of a Capital Loan Note and levying a tax to pay the Note Suggested Disposition: Receive and File; Adopt Resolutions 7 4. Park Maintenance Headquarters Roofing Project Proofs of publication on notice of hearing on plans and specifications for the Park Maintenance Headquarters Roofing Project and City Manager recommending award of the contract to Stumpf Construction in the amount of $44,510. RESOLUTION Approving plans and specifications RESOLUTION Awarding contract Suggested Disposition: Receive and File; Adopt Resolutions REINSTATE THE RULES ACTION ITEMS 1. Petition for Public Skating Sessions Loras Kluesner to present a petition to City Council requesting that public ice skating at the Five Flags Civic Center be provided on Saturday and Sunday afternoons for the remainder of the season. 2. Suggested Disposition: Receive and File; Council Eagle Point Bluff Stabilization - Request for Proposals City Manager recommending approval to release a Request for Proposal for qualified consulting/engineering firms for the Eagle Point Bluff Study. Suggested Disposition: Receive and File; Approve 3. Cedar Ridge Farm Place No.7 - Final Plat City Manager recommending approval of the final plat of Cedar Ridge Farm Place No.7 being developed by Nemmers Cedar Ridge Farm, LLC. RESOLUTION Approving the final plat of Cedar Ridge Farm Place No.7 in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution 4. Community Economic Betterment Account (CEBA) Application City Manager recommending approval of an application for Community Economic Better Account (CEBA) funds to assist Prudential in an expansion project to add sixty-nine new full-time positions within the next three years. RESOLUTION Authorizing the filing of a Community Economic Betterment Account (CEBA) Application on behalf of Prudential Retirement Insurance and Annuity Company Suggested Disposition: Receive and File; Adopt Resolution 8 5. 6. Outdoor Storage Regulations City Manager recommending approval of the prohibition of exterior commercial storage containers effective July 1, 2005. ORDINANCE Amending Chapter 11 Building and Building Regulations of the city of Dubuque Code of Ordinances by adopting a new Article VII. Exterior Storage Containers prohibiting the use of exterior storage containers Suggested Disposition: Receive and File; Motion B; Motion A Bee Branch Creek Restoration Design Standards City Manager recommending approval of the proposed Bee Branch Creek Restoration Design Standards. RESOLUTION Approving the entire alignment of the Bee Branch Creek Restoration Project RESOLUTION Approving the design elements and concepts as outlined by the preliminary design for the Bee Branch Creek Restoration Project ORDINANCE Repealing Ordinance No. 50-04 and 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; Adopt Resolutions; Motion B; Motion A 7. Sidewalk Installation Ordinance City Manager recommending approval of establishment of a requirement to install sidewalks on all lots on a public street for which a building permit or site plan approval is sought in order to provide an adequate safe area for pedestrian traffic and that exceptions be granted only by action of the City Council. ORDINANCE Amending Chapter 41, Streets, Sidewalks and Public Places, of the City of Dubuque Code of Ordinances by adding a new Section 41-100 requiring sidewalk installation and by retitling Article V as Sidewalk Installation and Repair Suggested Disposition: Receive and File; Motion B; Motion A 8. Sidewalk Inspection and Abatement Policy City Manager recommending approval of a revised Sidewalk Inspection and Abatement Policy that will better reflect the definition of "sidewalk," "sidewalk defects," extension criteria, and an added appeal section. RESOLUTION Approving revisions to the City of Dubuque Sidewalk Inspection Policy Suggested Disposition: Receive and File; Adopt Resolution 9 9. 10. 11. 12. Asbury Road Sidewalk City Manager recommending approval of the installation of sidewalks along the north side of Asbury Road from John F. Kennedy Road to the Northwest Arterial in response to several requests from citizens. Suggested Disposition: Receive and File; Approve Eagle Valley Subdivision - Parking Restrictions City Manager recommending approval of no parking zones for five streets in Eagle Valley Subdivision pursuant to an agreement between the City and Fondell Excavating, Inc., which was approved on December 2,2003 for the Eagle Valley Subdivision. 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 portions of Bald Eagle Court, Harpy Eagle Court, Stellar Eagle Drive, Golden Eagle Drive and Eagle Valley Drive Suggested Disposition: Receive and File; Motion B; Motion A Prairie and Walnut Streets - Through Streets City Manager recommending that Prairie Street and Walnut Street be designated as "through streets" to provide authority for the installation of stop signs on all the side streets without the necessity of individual stop sign ordinances for each intersection. ORDINANCE Amending the Code of Ordinances of the City of Dubuque, Iowa, by adding Prairie Street and Walnut Street to Subsection (b) of Section 32-213 thereof providing for the designation of through streets Suggested Disposition: Receive and File; Motion B; Motion A Holliday Drive - Through Street City Manager recommending that Holliday Drive be designated as a "through street" to provide authority for the installation of stop signs on all the side streets and to give priority to traffic along Holliday Drive. ORDINANCE Amending the Code of Ordinances of the City of Dubuque, Iowa, by adding Holliday Drive to Subsection (b) of Section 32-213 thereof providing for the designation of through streets Suggested Disposition: Receive and File; Motion B; Motion A 10 13. Economic Development Revolving Loan Fund (RLF) Programs City Manager recommending approval of the establishment of two Revolving Loan Fund (RLF) Programs for the Economic Development Department from the Community Development Block Grant Program. RESOLUTION Approving a Revolving Loan Fund Plan for Commercial/lndustrial Building Rehabilitation Loan Program RESOLUTION Approving a Revolving Loan Fund Plan for Economic Development Loan Program Suggested Disposition: Receive and File; Adopt Resolutions 14. Water Works Park Update City Manager submitting an updated plan for Water Works Park and recommending approval of the conceptual design. Suggested Disposition: Receive and File; Approve 15. Carnegie Stout Public Library Community Survey Request of Library Director Susan Henricks to address the City Council to provide an overview of the Library's community survey. 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 Property Acquisition - Chapter 21.5(1)OJ 2003 Code of Iowa Jeanne F. Schneider December 16, 2004 11