Loading...
10 04 04 Agenda with icons CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:30 P.M. LIBRARY AUDITORIUM MONDAY, OCTOBER 4, 2004 INVOCATION Reverend Murray Phillips, Executive Director, Dubuque Rescue Mission PROCLAMATIONS Make a Will Month (October, 2004) YWCA Week Without Violence (October, 2004) Disability Employment Awareness Month (October, 2004) Hire Vets First Campaign Bipolar Disorder Awareness Day (October 7,2004) White Cane Safety Day (October 15, 2004) Trick or Treat Night (October 31, 2004) ~ ~ ~ ~ Iiii]>¡ EJ ~ Make a Will Month WeekW~hout Violence DLsability Awareness Month HireVetsFirst Carll'aign Bipolar Awareness Wh~e Cane Safety Day Day ~ Trick or Treat Night PRESENTATION Presentation of "All Star" City Award 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 8/26; Cable TV Teleprogramming Commission of 917; City Council of 9/14 and 9/20; Historic Preservation Commission of 9/16; Housing Commission of 8/24; Housing Trust Fund Committee of 9/24; Park and Recreation Commission of 9/21; Plumbing Board of 9/22; Transit Board of 9/9; Zoning Board of Adjustment of 8/26 Proof of publication of List of Claims and Summary of Revenues for the Month Ending July 31,2004 Library Board of Trustees Update from the meeting of September 23, 2004 Suggested Disposition: Receive and File ~ ~ ~ ~ ~ ~ Airport cable TV Council - 9/14 Council - 9/20 Historic Preservation Housing ~ ~ Iiii]>¡ EJ ~ ~ Hsg Trust Fd Park and Rec Plumbing Bd Transit Bd Ubrary Update 2. Notice of Claims/Suits Dawn Close (8/22/04) for vehicle damage; Dawn Close (9/11/04) for vehicle damage; Brian D. Kohn vs. City of Dubuque; Luther Manor for property damage Suggested Disposition: Receive and File; Refer to Legal for Investigation/Report Corporation Counsel recommending settlement of the claims of Milt Avenarius for property damage and Jeff Hoyne for vehicle damage and directing the Finance Department to issue payment Corporation Counsel recommending denial of the claim of Mike Bisdorf for vehicle damage Suggested Disposition: Receive and File; Concur; Finance to Issue Payment Ii ø Claims-Settled Bisdorf Claim 2 3. 4. SMG Management Agreement City Manager recommending approval of an amendment to the SMG Management Agreement changing the date for Civic Center Manager Paula Jo Wolfe to transition to SMG from September 30, 2004 to December 31, 2004. RESOLUTION Approving the first amendment to Management Agreement between the City of Dubuque, Iowa and SMG Suggested Disposition: Receive and File; Adopt Resolution ~ ~ ~ ~ SMG - MVM Memo SMG - Staff Memo SMG - Resolution SMG - Amendment Bee Branch Alignment Study Communication from Laurie Bartolotta, 2104 Kniest Street, regarding the Bee Branch alignment study. Suggested Disposition: Receive and File ø Bee Branch Lir 5. Iowa Department of Transportation Communication from Thomas M. Storey, Iowa Department of Transportation, advising that the DOT is proposing to let a Hot Mix Asphalt Joint and Crack Sealing project located on US 20 in Dubuque from Crescent Ridge to Devon Drive. Suggested Disposition: Receive and File ø lCOT Lir 6. Tax Assessment Appeal - Stipulation of Settlement Corporation Counsel submitting a Stipulation of Settlement of a tax assessment appeal by Michael Keegan and Sandra Keegan. Suggested Disposition: Receive and File; Approve ~ ~ ~ Appeal - BAL Ltr Stipuiation of Settlement Notice of Voluntary Settlement 3 7. Annexation Status Report City Manager recommending approval of the submission of an Annexation Status Report to the City Development Board. Suggested Disposition: Receive and File; Approve ~ ø McCann lir Attachments Federal Recreation Trail Grant Application - Water Works Park City Manager recommending approval of the submission of a Federal Recreational Trails grant application for Phase 1 of Water Works Park to the Iowa Department of Transportation. 8. RESOLUTION Authorizing a grant application to the Iowa Department of Transportation for Federal Recreational Trails Funds for Water Works Park Suggested Disposition: Receive and File; Adopt Resolution ~ ~ ~ ~ ø Water Works - MVM Water Works - Staff Memo Memo Water Works - Water Works - Cover Federai Project Resolution lir Application ~ Ii Ii ø ø ~i¥: WaterWorks- Attachment B - Maps Attachment C Attachment D Attachment E Attachment B ~ ~ ~ Ii Ii Water Works - Water Works - Project Selection Support lirs Grant - Pictures Attachment G Attachment H Questions ~ WaterWorks- Attachment A ~ WaterWorks- Attachment F Statewide Transportation Enhancement Funds (ISTEA) Grant - Water Works Park City Manager recommending approval of the submission of a Statewide Transportation Enhancement Funds (ISTEA) grant application for Phase 1 of Water Works Park to the Iowa Department of Transportation. 9. RESOLUTION Authorizing a grant application to the Iowa Department of Transportation for Statewide Transportation Enhancement Funds for Water Works Park Suggested Disposition: Receive and File; Adopt Resolution ~ ~ ~ ~ Ii ISTEA - MVM Memo ISTEA - Staff Memo ISTEA - Resoiution ISTEA - Cover lir ISTEA - Project Application 4 ~ ISTEA - Attachment A Iii Ii Ii ~ Ii ~ ISTEA - Attachment ISTEA - Attachment ISTEA - Attachment ISTEA - Attachment ISTEA - Attachment ISTEA - Attachment BCD E F G Ii ISTEA - Photographs 10. Economic Development Initiative (EDI) Special Project Grant City Manager recommending approval of an amendment to the Economic Development Initiative (EDI) Special Project grant for the America's River Museum. RESOLUTION Providing for a budget amendment to the Economic Development Initiative (EDI) Special Project Grant Agreement with the U.S. Department of Housing and Urban Development for the America's River Museum Suggested Disposition: Receive and File; Adopt Resolution ~ ~ ~ ø ED! - MVM Memo EDI - Staff Memo EDI - Resoiution Enzler lir 11. Request to Purchase City Property Communication from Paul M. Fahey requesting to purchase City-owned property abutting 2297 University Avenue. Suggested Disposition: Receive and File; Refer to City Manager Ii Fahey lir 12. Letter to the Department of Transportation City Manager correspondence to Norman Mineta, Secretary of the Department of Transportation, regarding increasing air service links between the United States and international markets. Suggested Disposition: Receive and File ~ Mineta lir 5 13. Business Licenses RESOLUTION Granting the issuance of one cigarette renewal permit to Eagle Country Market RESOLUTION Granting the issuance of a Class "C" Beer Permit to Aldi, Inc. and Rainbo Oil Group RESOLUTION Granting the issuance of a Class "C" Beer/Liquor License to Dog House Lounge and Grand River Center; Special Class "C" Liquor to Café Manna Java and a Class "B" Wine permit to River City Gift Shop and Family Mart Suggested Disposition: Adopt Resolutions Iiii]>¡ E.J ~ ~ Resolution #1 Resolution #2 Resolution #3 ITEMS TO BE SET FOR PUBLIC HEARING 1. Widening of Asbury Road at the Northwest Arterial Project - Initiate City Manager recommending initiation of the bidding process for the Widening of Asbury Road at the Northwest Arterial Project and that a public hearing be set for October 18, 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 10/18/04 ~ ~ IiiW'I EJ Asbury - MVM Memo Asbury - Staff Memo Asbury - Resoiutlons BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Boards/Commissions: Environmental Stewardship Advisory Commission (Two three-year terms through 10/1/07 and one vacant youth term through 6/1/05) Applicant: Chad M. Chase - Youth Appointments to the following Boards/Commissions: Housing Commission (One 3-year unexpired term through 8/17/05) Applicant: Angela Mozena 6 ~ ~ Ii Ii Bd and Comm Ust Dvervlew Sheet ESAC Application Housing Application PUBLIC HEARINGS SUSPEND THE RULES 1. Cedar Lake Plaza Planned Unit Development (PUD) District (Tabled 9/20/04) 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 Suggested Disposition: Remove from Table; Receive and File; Motion B; Motion A ~ ~ . ~ Ii fá Cedar Lake - ZAC Ltr Cedar Lake - Ordinance Cedar Lake - Application Cedar Lake - Staff Cedar Lake - VICinity Cedar Lake - Plats Memo Map Ii Cedar Lake - lirs to ZAC Ii ø ~ Mclean lir Payne lir Suggested Motion 7 2. Northwest Arterial Fiber Optics Conduit Project Proofs of publication on notice of hearing on plans and specifications and notice to bidders on the receipt of bids, and City Manager recommending award of the contract for the Northwest Arterial Fiber Optics Conduit Project to Volkens, Inc., in the amount of $113,024.00. RESOLUTION Adopting plans and specifications for the project RESOLUTION Awarding contract to Volkens, Inc. Suggested Disposition: Receive and File; Adopt Resolutions ~ ~ ~ reb NW Arterial- MVM Memo NW Arterial - Staff Memo NW Arterial- Resolutions NW Arterial - Bid Tat Material from September 7,2004 Meeting ~ ~ ~ Arterial- MVM Memo Arterial- Staff Memo Arterial - Resolutions REINSTATE THE RULES ACTION ITEMS 1. Code of Ordinances - Chapter 5 - Alcoholic Beverages (First Reading on 9/20104) Communication from Dean Nelson, Dubuque Area Substance Abuse Coalition Coordinator, requesting time for Garry Heier, Kathy Davis, Eileen Sullivan and John Torres, members of the Task Force, to address the Council regarding the proposed ordinances. Communication from Kathy Davis, Counselor at Northeast Iowa Community College, requesting to address the City Council regarding the proposed changes to the Alcoholic Beverages Ordinance. Communication from Lynn Boffeli, Binge Drinking Sub-Committee Chairperson, regarding the proposed ordinances and the work of the Binge Drinking Sub-Committee. Communication from John Torres, Food and Beverage Director - Dubuque Greyhound Park and Casino, requesting to address the Council regarding the proposed ordinances. Communication from Garry Heier, Iowa Hospitality Association - Dubuque Chapter, requesting to address the Council in support of the proposed ordinances. Communication from Eileen G. Sullivan, Vice President for Student Development, requesting to address the Council regarding the proposed ordinances. 8 Communication from Cheryl Whalen, on behalf of the Historic Bluffs Neighborhood Association, expressing the Association's strong support of the Dubuque Area Substance Abuse Coalition's recommendations for the two new 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 Suggested Disposition: Receive and File; Motion B; Motion A Iii Ii ~ Ii ~ Ii Sullivan lir Nelson lir Davis lir Boffeli lir Torres lir Heier Ltr ø ~ Whalen lir Suggested Motion Material from September 20, 2004 Meeting Ordinances - MVM Ordinances - Staff Ordinances - Exhibit Memo Memo A ~ ~ ~ ~ ~ Ii Ordinance #1 Ordinance #2 Ordinances - Merfeld lir 2. Eagle Valley Subdivision - Final Plat City Manager recommending approval of the final plat of Lots 1-4, inclusive, and Lots A- B, inclusive, of Block 5 of Eagle Valley Subdivision in the City of Dubuque, Iowa. RESOLUTION Rescinding Resolution No. 346-03, and approving the final plat of Lots 1-4, inclusive, and Lots A-B, inclusive of Block 5 Of Eagle Valley Subdivision in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution ~ ~ ~ ~ Ii Ii Eagle Valley - MVM Eagle Valley - Staff Memo Memo Eagle Valley- Resolution Eagie Valley - Staff Report Eagle Valley - Application Eagle Valley - Exhib~ A ø Eagle Valley - Plat 9 3. Asbury Plaza No. 12 - Final Plat City Manager recommending approval of the final plat of Asbury Plaza No. 12 to facilitate development of the new Star Cinema Theater Complex at the northeast corner of Asbury Plaza Shopping Center, subject to waiving the lot frontage requirements for Lot 1, Lot 6 and Lot B. RESOLUTION Approving the final plat of Asbury Plaza No. 12 in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution ~ ~ ~ ~ Ii Asbury Plaza - MVM Asbury Plaza - Staff Memo Memo Asbury Plaza - Resolution Asbury Plaza - Staff Report Asbury Plaza - Application ø Ii Asbury Plaza - Exhib~ A Asbury Plaza - Plat 4. City Council Appointments Appointment of City Council Members to various boards/commissions. Suggested Disposition: Receive and File; Council Appointments ~ Council Appointments 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 September 30, 2004 10