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4 18 05 Agenda With Icons CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:30 P.M. LIBRARY AUDITORIUM MONDAY, APRIL 18, 2005 INVOCATION Deacon Bill Mauss PROCLAMATIONS Medical Laboratory Week (April 24 - 30, 2005) ~ U Medical Lab Week 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 4/4; Civil Service Commission of 3/15 and 4/5; Environmental Stewardship Commission of 4/5; Historic Preservation Commission of 3/17 and 3/22; Human Rights Commission of 3/14; Zoning Advisory Commission of 4/6; Zoning Board of Adjustment of 3/24 and 4n Proof of publication of City Council Proceedings of March 21,2005 City of Dubuque Financial Reports for the month ending March 31,2005 (On file in City Clerk's Office) Airport Update of April 12, 2005 Suggested Disposition: Receive and File ~ ~ u ~ ~ ~ ~' ~;:.jL;:\' ".. City Council Civil Service ESAC HPC of 3/17 HPC of 3/22 Human Rights ~ ~ U ~ ~ Zoning Adv Corrm ZBA of 3/24 ZBA of 4/7 Airport Update 2. Notice of Claims/Suits Merrill P. Henrichs for vehicle damage; Sandra Elizabeth Tilton for personal injury 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: Merrill P. Henricks for vehicle damage; Sandra E. Tilton for personal injury Suggested Disposition: Receive and File; Concur Claims - lCAP 3. Citizen Communications Communication of Harry Townsend, Cuba City, Wisconsin, and Tom Nielsen regarding Grandstand Under the Stars. Suggested Disposition: Receive and File Citizen Corrm.mications 4. Amendment to Collective Bargaining Agreement City Manager recommending approval of an amendment to the Collective Bargaining Agreement between the City and Teamsters Local Union No. 421. Suggested Disposition: Receive and File; Approve ~ ~ ~ U Teamsters - MVM Merro Teamsters - Staff Merro Teamsters Arrendrrent 2 5. Woodland Estates No.3 - Final Plat Zoning Advisory Commission recommending approval of the final plat of Woodland Estates NO.3 located on North Cascade Road in Dubuque County as requested by Buesing & Associates/Mark & Staci McKeon/Gerhard & Ruth Duddeck. RESOLUTION Approving the final plat of Woodland Estates No.3 in Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution ~ u ~ ~ ~.....,.':.'.'.' U Woodland Estates - Woodland Estates - Woodland Estates - Woodland Estates - Woodland Estates - Woodland - Staff ZAC Ltr Application Vicinity Map Final Plat Resolution Memo 6. Knob Hill Grove No.4 - Final Plat City Manager recommending approval of the final plats of Lots 1, 2 and 3 of Knob Hill Grove NO.4 located on Duggan Drive as requested by Buesing & Associates. RESOLUTION Approving the final plat of Lots 1, 2 and 3 of Knob Hill Grove NO.4 in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution it ~ {j, ......~.' iY. Knob Hill - ZAC Ur Knob Hill - Application Knob Hill - Staff Knob Hill - Final Plat Merro Knob Hill - Resolutiol 7. Assistance to Firefighters Grant City Manager recommending approval of the submittal of a FEMA Assistance to Firefighters Grant Program. Suggested Disposition: Receive and File; Approve If!j ~ Grant - MVM Merro Grant - Staff Merro 8. Purchase of Property City Manager recommending approval of the purchase of property located at 645 Gillespie Street as a part of the acquisition program associated with expansion of the West 32nd Street Detention Basin. RESOLUTION Approving the acquisition of real estate located at 645 Gillespie Street in the City of Dubuque 3 Suggested Disposition: Receive and File; Adopt Resolution ~ EU ~ cfu ~ Purchase - MVM Memo Purchase - Staff Memo Purchase - Resolution 9. Rustic Hills Carriage Tours City Manager recommending approval of the fourth amendment to the lease agreement between the City and Colleen B. Lindstrom d/b/a Rustic Hills Carriage Tours for the former Dock Board building. Suggested Disposition: Receive and File; Approve ~ ~ ~ u . Lease - MVM Merm Lease - Staff Merm Lease - Fourth Lease Agreerrent Insurance Schedule Arrendrrent 10. Cascade Cycling Club Communication from the Cascade Cycling Club requesting paved shoulders on County Road Y13 between Farley and Cascade and Aitchison Road and requesting that the City send a letter of support to the Dubuque County Board of Supervisors. Suggested Disposition: Receive and File Cycling Club Ur 11. Born Avenue City Manager submitting information regarding the e-mail from Sara and Roger Poling of 1615 Born Avenue. Suggested Disposition: Receive and File ~ ~ Born Ave - MVM Merm Born Ave - Staff Merm Poling Ur Born Ave - Prelininary Plat 12. Area Residential Care, Inc. City Manager recommending approval of an agreement with Area Residential Care Vocational Services to supply litter pick-up services by the skate park at McAleece, Allison-Henderson Park, Comiskey Park and in the office at the Bunker Hill Golf Course. Suggested Disposition: Receive and File; Approve 4 ~ L.:J ARC - MVM Merro ARC - Staff Merro ARC Agreerrent 13. Dubuque Industrial Center West City Manager recommending approval of an amendment to the contract with IIW Engineers and Surveyors, P.C. for additional work requested by the City to complete the Dubuque Industrial Center West 3rd Addition project. Suggested Disposition: Receive and File; Approve ~ ~ ~ DlCW - MVM Merro DlCW - Staff Merro Arrendrrent #5 14. US Highway 20 Improvements - University Avenue City Manager recommending approval to request funding from the Dubuque Metropolitan Area Transportation Study (DMATS) for completion of Phase 111- University Avenue Extension of the US Highway 20 Improvements Project. RESOLUTION Authorizing the City Manager to request additional funding through the Dubuque Metropolitan Area Transportation Study (DMA TS) and to request that the City of Dubuque participate in the local match to fund the US Highway 20 Improvements Project, Phase 111- University Avenue Extension Suggested Disposition: Receive and File; Adopt Resolution ~ ~ ~. ~ ~ ~ Hwy 20 - MVM Merm Hwy 20 - Staff Merm Hwy 20 - Resolution 15. University Avenue - Howard R. Green Supplemental Contract City Manager recommending approval of Supplemental Contract NO.3 for Howard R. Green Company to perform additional engineering construction inspection services for the first phase of the University Avenue Extension Project. RESOLUTION Approving the Supplemental Agreement No. Three between the City of Dubuque and the Howard R. Green Company for the University Avenue Extension Project (STP-U-21 00(623) - 70-31) Suggested Disposition: Receive and File; Adopt Resolution 6@j ~ HR Green - MVM HR Green - Staff Merm Memo HR Green - Resolution Supplerrental Agreerrent #3 5 16. Mississippi Valley Promise City Manager recommending approval of limited assistance from the Leisure Services Department to Mississippi Valley Promise to help the volunteer organization get off the ground. Suggested Disposition: Receive and File; Approve ~... ::"L~i_: ..^'~ ~J~ =';;::;:~.-". _U""":/c' Ii Prorrise - MVM Merro Prorrise - Staff Merro Mississippi Valley Prorrise MVP Brochuref MVP Press Release 17. Deer Management Plan City Manager recommending approval of the 2005 - 2006 Deer Management Plan with the same incentive plan as last year. Suggested Disposition: Receive and File; Approve Iiifbl EJ ~ ~ ~ ~ ~ Deer Plan - MVM Deer Plan - Staff 2005 - 06 Deer Plan Deer Plan - Graph Deer Plan - Aerial 2004-2005 Hunter Memo Memo Survey Eval Summary 18. Notice of Intent to Request Release of Funds - Fiscal Year 2006 CDBG Programs City Manager recommending approval of the publication of a Notice of Intent to Request Release of Funds for Community Development Block Grant (CDBG) program activities. RESOLUTION Authorizing publication of a Notice of Intent to request release of funds for certain Community Development Block Grant Projects for Fiscal Year 2006 (Program Year 2005) Suggested Disposition: Receive and File; Adopt Resolution ~ ~ ~ U ~ CDBG - MVM Merro CDBG - Staff Memo CDBG - Resolution CDBG - Exhibit A 19. 2005 Justice Assistance Grant (JAG) Application City Manager recommending approval of the 2005 Edward Byrne Memorial Justice Assistance Grant (JAG) application in the amount of $40,704 for the period October 1, 2005 through September 30,2009. Suggested Disposition: Receive and File; Approve ~ L.J ~ ~ JAG - MVM Merro JAG - Staff Merro JAG Application 6 20. Port of Dubuque - Courthouse Dome City Manager recommending that the width of the visibility corridor for the Grand River Center to the Dubuque County Courthouse gold dome be established at 27 feet, or 13.5 feet on each side of the centerline of the Convention Center corridor. Suggested Disposition: Receive and File; Approve ~ {J Derre - MVM Merro Derre - Staff Merro Port of Dubuque Drawing 21. Environmental Stewardship Advisory Commission Communication from the Environmental Stewardship Advisory Commission regarding their potential role in Phase II of the NPDES Permit process. City Manager advising that the Engineering Department and the Environmental Stewardship Advisory Commission have agreed on a role for the Commission in Phase II of the National Pollution Discharge Elimination System. Suggested Disposition: Receive and File; Council i[J ~ ~ NPDES - ESAC Ltr NPDES Task Listing NPDES - MVM Merro 22. Vision Iowa Update City Manager providing an update to the Vision Iowa Board and requesting an extension for completion of one component of the City's Vision Iowa Agreement. Suggested Disposition: Receive and File; Approve ~ ~ Vision Iowa Ltr 23. Business Licenses RESOLUTION Granting the issuance of a Class liB" Beer Permit (5-Day Special Event) to Music n More Promotions (Tents A, B and C); and Class "C" Beer Permit to Lien oriental American Food, Kwik Stop C-Store, Tobacco Outlet #504, Oky Doky #1 and Oky Doky #2 RESOLUTION Granting the issuance of a Class "C" Beer/Liquor License to A & B Tap, Hudson's Classic Grill, West Dubuque Tap, Shot Tower Inn, Knights of Columbus #510, Sublime, Dubuque Lodge #355, Lot One, LLC, Mississippi Mug, and Easy Street; and Class "B" Wine to Oky Doky #1 and Oky Doky #2 7 Suggested Disposition: Adopt Resolutions ~. L2J Resolution # 1 Police Reports # 1 Resolution #2 Police Reports #2 ITEMS TO BE SET FOR PUBLIC HEARING 1. MCC Iowa, LLC (Mediacom) - Cable Franchise Agreement City Manager recommending that a public hearing be set for May 2, 2005 to consider adoption of a Cable Franchise Agreement. ~ ~ ~ ~' _]z . . ~.~. Franchise - MVM Merro Franchise - Staff Merro Surrrrary of Renewal Procedures for VIOlations Communication from MCC Iowa, LLC submitting Franchise Agreement, advising of the creation of the Cultural Affairs Charitable Foundation of Dubuque, Inc. and approval of Lease Agreement (with Draft Form of Commitment Letter, Articles of Incorporation and Bylaws). Communication from Charles F. King, Mediacom Communications Corporation, expressing gratitude for the opportunity to continue to serve the community. 6[J ~ ~ . Mediacom Ltr Dubuque Foundation Dubuque Foundation Signature Page Form of Cormitrrent Mediacom - King Ur AOI By-Laws Ur RESOLUTION Setting a public hearing on a proposed Cable Television System Franchise Agreement between the City of Dubuque, Iowa and MCC Iowa, LLC granting a nonexclusive franchise of MCC Iowa, LLC to construct, operate, maintain, update and reconstruct a cable television system in the City of Dubuque ORDINANCE Approving a Cable Franchise Agreement between the City of Dubuque, Iowa and MCC Iowa, LLC granting a nonexclusive franchise to MCC Iowa, LLC to construct, operate, maintain, update and reconstruct a cable television system ~ ~ ~ Franchise Resolution Franchise Ordinance Cable Franchise Agreerrent I -Net Site List 8 RESOLUTION Of intent to dispose of an interest in real property owned by the City of Dubuque by lease between the City of Dubuque, Iowa, and MCC Iowa, LLC ~ ~ Cable - Resolution #2 Cable Lease Agreement Exhibit A to Lease Agr ORDINANCE Approving Cable Right-of-Way Ordinance 6@j Right of Way Ordinance Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 5/2/05 2. Fiscal Year 2005 Second Budget Amendment City Manager recommending that a public hearing be set for May 16, 2005 to consider approval of the Fiscal Year 2005 Second Budget Amendment. RESOLUTION Directing the City Clerk to publish proposed second amendment to the Fiscal Year 2005 budget and date of public hearing Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 5/16/05 ~ ~ ~ ~ Budget - MVM Merro Budget - Staff Merro Budget - Resolution Budget Amendment 3. Pennsylvania Avenue/Radford Road Sidewalk Installation - Initiate City Manager recommending initiation of the bidding process for the Pennsylvania Avenue/Radford Road Sidewalk Installation Project and that a public hearing be set for May 16, 2005. RESOLUTION Preliminary approval of plans and specifications RESOLUTION Fixing date of hearing on plans and specifications RESOLUTION Of necessity RESOLUTION Setting date of hearing on Resolution of Necessity RESOLUTION Approving preliminary schedule of assessments RESOLUTION Ordering bids 9 Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 5/16/05 ~...... EJ ~ EJ ~ . Prelirrina ry Assessrrent Schedule Pennsylvania - MVM Merro Pennsylvania - Staff Merro Pennsylvania - Resolutions 4. Stafford Street Sanitary Sewer Reconstruction from High Bluff to Lincoln Avenue Project - Initiate City Manager recommending initiation of the bidding process for the Stafford Street Sanitary Sewer Reconstruction from High Bluff to Lincoln Avenue Project and that a public hearing be set for May 16, 2005. 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 5/16/05 ~......k............. EJ ~ ~ ~ Stafford - MVM Merro Stafford - Staff Merro Stafford - Resolutions 5. Mullen Road Sanitary Sewer Reconstruction from Asbury Road to Hillcrest Road Project - Initiate City Manager recommending initiation of the bidding process for the Mullen Road Sanitary Sewer Reconstruction from Asbury Road to Hillcrest Road Project and that a public hearing be set for May 16, 2005. 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 5/16/05 ~ ~ TI ~ Mullen Rd - MVM Merro Mullen Rd - Staff Merro Mullen Rd - Resolutions 10 PUBLIC HEARINGS SUSPEND THE RULES 1. Tanzanite Drive - Request to Rezone Proof of publication on notice of hearing to consider rezoning property from R-1 Single- Family Residential District to PUD Planned Unit Development with a PR Planned Residential District designation for property located on Tanzanite Drive as requested by Rod TschiggfriefT-Corp and Zoning Advisory Commission recommending denial. Communication from Rodney Tschiggfrie, Vice President of T-Corp, requesting that this rezoning request be tabled to a future date. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located on the south side of Tanzanite Drive from R-1 Single-Family Residential District to PUD Planned Unit Development with a PR Planned Residential District Designation and adopting a Conceptual Development Plan with conditions Suggested Disposition: Receive and File; Table; Concur with Denial; or Motion B; Motion A (Super Majority Vote) ~ . ~ EJ T-Corp - Request to T-Corp - ZAC Ur T-Corp - Application T-Corp - VICinity Map T-Corp - Plans Table T-Corp - Staff Report ~ ~ ~ L..J T-Corps - Pictures T-Corp - Ordinance Suggested Motion 2. 1087 Cedar Cross Road - PUD Amendment Proof of publication on notice of hearing to consider amending the PUD Planned Unit Development for property located at 1087 Cedar Cross Road to allow used car sales as requested by Pat and Liz Tobin and Zoning Advisory Commission recommending approval. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances for the amendment of Ordinance 8-98 which adopted regulations for property located south of 1095 Cedar Cross Road as a PUD Planned Unit Development District with a PC Planned Commercial District Designation and adopting a revised Conceptual Development Plan, with conditions Suggested Disposition: Receive and File; Motion B; Motion A fit fit ~ ti Cedar Cross - ZAC Cedar Cross - Cedar Cross - Vicinity Cedar Cross - Site Cedar Cross - Cedar Cross - Staff Ur Application Map Plan Pictures Report 11 ~ Iiiiftl. .. ,t........ L..J Cedar Cross - Ordinance Cedar Cross - Suggested Motion Letters 3. Fiber Optic Conduit Phase I Project Proof of publication on notice of hearing to consider adoption of the plans and specifications for the Fiber Optic Conduit Phase I Project and City Manager recommending award of the contract to the only bidder, Volkens, Inc., in the amount of $221,531. RESOLUTION Adopting plans and specifications RESOLUTION Awarding contract Suggested Disposition: Receive and File; Adopt Resolutions ~ ~ ~ L..J Fiber Optic - MVM Memo Fiber Optic - Staff Memo Fiber Optic - Resolutions Material from March 21, 2005 Meeting ~ Iiiiftl U Iiiiftl U Fiber Optic - MVM Memo Fiber Optics - Staff Memo Fiber Optics - Resolutions REINSTATE THE RULES ACTION ITEMS 1. Convention and Visitors Bureau - Quarterly Report Sue Czeshinski, Dubuque Area Chamber of Commerce Convention and Visitors Bureau, to present quarterly report. Suggested Disposition: Receive and File fit CVB Report 2. Dubuque Drug Task Force Communication from David Patton requesting the City Council to send a letter to the Dubuque Community School Board requesting that they reconsider their decision to not allow the Dubuque Drug Task Force to inspect school premises. 12 Suggested Disposition: Receive and File; Council Patton Ur 3. Furuseth's Sixth Subdivision Zoning Advisory Commission recommending approval of the preliminary plat of Furuseth's Sixth Subdivision located in Dubuque County, Iowa as requested by David Schneider/Les and Patricia Furuseth. Suggested Disposition: Receive and File; Approve ~ Ii@] .. Furuseth - ZAC Ltr Furuseth - Application Furuseth - Vicinity Furuseth - Staff Map Report Furuseth - Plat 4. Consolidated Plan for Housing and Community Development City Manager recommending approval of the Fiscal Year 2006 - 2010 Consolidated Plan for the Housing and Community Development Department. RESOLUTION Adopting the Consolidated Plan for Housing and Community Development for Fiscal Year 2006 - 2010; authorizing the Mayor to execute said Plan and all necessary certifications; designating the City Manager as the authorized Chief Executive Officer for the Consolidated Plan; and directing that said Plan be submitted to the U.S. Department of Housing and Urban Development Suggested Disposition: Receive and File; Adopt Resolution ~w : 1I.d ':-::~,~.:> . .~- ~ ~ e Consolidated Plan Consolidated Plan - MVM Merro Consolidated Plan - Staff Memo Plan - Resolution 5. Geraldine Drive City Manager recommending approval of the installation of a stop sign at Valentine Drive for southbound vehicles on Geraldine Drive. 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 a stop sign on Geraldine Drive at Valentine Drive Suggested Disposition: Receive and File; Motion B; Motion A ~ CJ ~ u ~....;."... CJ fi ~_A :~~;:i:.;.. ...........~' Geraldine - MVM Merro Geraldine - Staff Merro Geraldine - Ordinance Geraldine - VICinity Citizen Request Ur Map Suggested Motion 13 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. Jeanne F. Schneider April 14, 2005 14