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7 5 05 Council Agenda With Icons CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:30 P.M. LIBRARY AUDITORIUM TUESDAY, JULY 5,2005 INVOCATION Reverend Nick March, Associate Pastor of Resurrection Church PROCLAMATION United Way Campaign Time (August 3 - October 31, 2005) ~ United Way 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 6/20; Cable TV Regulatory Commission of 6/28; City Council of 6/20 and 6/27 Proofs of publication of City Council Proceedings of June 6 and 13, 2005 Suggested Disposition: Receive and File ~ ~ E.J ~ ~......;'.c:.. CJ Airport Cable lV Council of 6/20 Council of 6/27 2. Notice of Claims/Suits Patricia A. Ruden for personal injury Suggested Disposition: Receive and File; Refer to Legal for Investigation/Report Corporation Counsel recommending denial of the claims of Lynn Lang for vehicle damage; Jeffrey W. Robbins for property damage; and Jill Seymour for property damage Suggested Disposition: Receive and File; Concur Clairrs - Denied 3. Human Rights Commission Communication from Gary McAlpin advising that he is resigning from the Human Rights Commission. Suggested Disposition: Receive and File McAlpin Ltr 4. Long Range Planning Commission Communication from Michael E. Portzen advising that he will not be applying for reappointment to the Long Range Planning Commission. Suggested Disposition: Receive and File .. Portzen Ur 5. Citizen Communication Communication from Robin Kennicker regarding Olympic Heights and the proposed development in that area. Suggested Disposition: Receive and File; Refer to City Manager Kennicker Ur 2 6. Substance Abuse Policy City Manager recommending approval of the City's Substance Abuse Policy as a part of the City's drug and alcohol testing and substance abuse prevention program. Suggested Disposition: Receive and File; Approve ~ ri@j ~ Policy - MVM Merro Policy - Staff Merro Substance Abuse Policy 7. Grant Agreement - Four Mounds Foundation City Manager recommending approval of the grant agreement with the Four Mounds Foundation to provide the Day Camp Program as part of the summer Uptown Recreation Program. Suggested Disposition: Receive and File; Approve ~ JiVR:'l CJ ~' ..."..,....!:,.;,'."..,.' ...~:',,' . Four Mounds - MVM Merro Four Mounds - Staff Merro Four Mounds Agreerrent 8. Consulting and Actuarial Services Agreement City Manager recommending approval of the Amendment to the Administrative Services Agreement with Gallagher Benefit Services for benefit consulting and actuarial services through June 30,2007. Suggested Disposition: Receive and File; Approve ~ ~ Acturial Agr - MVM Merro Actuarial Agr - Staff Merro Gallagher Ltr 9. Clarke College Construction Agreement City Manager recommending approval of improvements to the student and pedestrian crossing corridor on Clarke Drive between the Atrium building and the Kehl Center with Clarke College being responsible for construction costs and taking responsibility for extraordinary snow removal and maintenance costs. Suggested Disposition: Receive and File; Approve ~...'....-..... CJ ~ Clarke - MVM Merro Clarke - Staff Merro Clarke College Agreerrent 3 10. Community Development Block Grant Agreement City Manager recommending approval of a Community Development Block Grant (CDBG) Agreement with the U.S. Department of Housing and Urban Development in the amount of $1,398,731 for the program year beginning July 1, 2005. RESOLUTION Authorizing execution of a Community Development Block Grant Agreement with the U.S. Department of Housing and Urban Development Suggested Disposition: Receive and File; Adopt Resolution ~tJ .~;~~;:; .~" ~ ~ CDBG - MVM Merro CDBG - Staff Merro CDBG - Resolution CDBG - HUD Ur HUD Agreerrent 11. Contract for Ride-Along Training City Manager recommending approval of a contract with Northeast Iowa Community College for the Fire Department to provide preceptorships for students in the college's EMS training programs. Suggested Disposition: Receive and File; Approve ~A ;J~~:0 ~~ NICC - MVM Merro NICC - Staff Merro NICC Agreerrent 12. City of Dubuque / Dubuque Community School District Lease Agreement City Manager recommending approval of a lease between the City of Dubuque and the Dubuque Community School District for rental of the former Kephart's Music Center for the temporary relocation of Engineering staff during the City Hall third floor structural repairs. Suggested Disposition: Receive and File; Approve ~ ~ ~ CJ Lease - MVM Merro Lease - Staff Merro Lease Agreerrent 13. Phase V Architectural/Historical Survey/Evaluation Historic Preservation Commission submitting the Phase V Architectural/Historic Survey/Evaluation final report. Suggested Disposition: Receive and File ~ CJ Phase V - HPC Ltr Phase V - Final Report 4 14. Dubuque Industrial Center West Third Addition - Final Plat Zoning Advisory Commission recommending approval of the final plat of the Dubuque Industrial Center West Third Addition. RESOLUTION Approving the final flat of Lots 1 thru 4, and Lots A, B, and C of Dubuque Industrial Center West 3r Addition in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution ~ CJ ~ CJ DICW - ZAC Ltr DICW - Application DICW - VICinity Map DICW - Plat DICW - Staff Report DICW - Resolution 15. Asbury Road Widening City Manager recommending acceptance of the Widening of Asbury Road at the Northwest Arterial Project and approving the final contract in the amended amount of $68,045.60, which includes $4,500 incentive compensation to Portzen Construction, Inc. RESOLUTION Amending Resolution No. 239-05 Accepting the Widening of Asbury Road at the Northwest Arterial Project and approving the final contract amount Suggested Disposition: Receive and File; Adopt Resolution ~ ~ CJ ~ Asbury Rd - MVM Merro Asbury Rd - Staff Merro Asbury Rd - Resolution 16. City of Sageville - Voluntary Annexation Notice from the City Development Board that the hearing on the City of Sageville's voluntary annexation will be at 10:00 a.m. on July 13, 2005. Suggested Disposition: Receive and File Developrrent Bd Notice 17. Cultural and Entertainment District Communication to Anita Walker of the Iowa Department of Cultural Affairs urging her support to allow current historic preservation projects located in Dubuque's Cultural and Entertainment District to be eligible for the $4 million in state historic tax credits designated for CED properties. Suggested Disposition: Receive and File; Approve 5 ~ CJ Ur to Anita Walker 18. City Manager Employment Agreement Submittal of the Fourteenth Amendment to the City Manager's Employment Agreement for approval. Suggested Disposition: Receive and File; Approve ~ City Mgr 14th Agr 19. Lease Agreement - Dubuque Yacht Basin City Manager recommending approval of a new lease between the City and Dubuque Yacht Basin for placement of a sign for Catfish Charlie's Restaurant. Suggested Disposition: Receive and File; Approve ~ CJ ~ ~ ~ Yacht Basin - MVM Merro Yacht Basin - Staff Merro Yacht Basin Lease Yacht Basin - Map 20. Ecumenical Towers Communication/petition from Sr. Mary Patricia Conlon, Administrator of Ecumenical Towers, regarding concerns with the traffic patterns on Sixth Street. City Manager submitting information regarding the communication/petition from Sr. Mary Patricia Conlon, Administrator of Ecumenical Towers. Suggested Disposition: Receive and File; Refer to City Manager ~ E.J Petition Petition - MVM Merro Petition - Staff Merro 21. Superfine, Inc. / Jackson Films, Inc. City Manager recommending approval of a request from Superfine, Inc. I Jackson Films, Inc. to film a documentary on City-owned property. Suggested Disposition: Receive and File; Approve ~ ~.....'.....'.................. ~ .. Filrring - MVM Merro Filrring - Staff Merro Indermity Agreerrent Fllrring - Map Chamber Ltr 6 22. Business Licenses RESOLUTION Granting the issuance of 8 renewal permits to sell cigarettes and cigarette papers within the City RESOLUTION Granting the issuance of a Class "B" Beer Permit to Colts Drum and Bugle Corps; Class "B" Beer (5-Day Special Event) to Dubuque Jaycees (Tents A, B and C) and Dubuque Area Labor Management Council (Tent C); and Class "C" Beer Permit to Cedar Cross Amoco and Oky Doky #14 RESOLUTION Granting the issuance of a Class "C" Beer/Liquor License to Walnut Tap, Fischer Lanes, Knicker's Saloon, Airport Inn, Murph's Southend Tap and Courtside Sports Bar; Class "B" Wine Permit to Basket Expressions; and Class "C" Liquor (5-Day Special Event) to Dubuque Area Labor Management Council (Tents A and B) Suggested Disposition: Adopt Resolutions ~ ~ CJ ~ Resolution # 1 Resolution #2 Resolution #3 Police Reports ITEMS TO BE SET FOR PUBLIC HEARING 1. Finley Hospital - Request to Vacate City Manager recommending that a public hearing be set for July 18, 2005 to consider a request from John E. Knox, The Finley Hospital, and Richard Hartig, Hartig USA Drug Stores, to vacate and purchase a portion of North Grandview Avenue and portions of adjacent alleys between Delhi Street and University Avenue. RESOLUTION Of intent to dispose of City interest in Lot 2 of Grandview University Place, Lot 2 of 1 of Rigi Subdivision No.2, and Lot A and Lot B of Loetscher and Truebs Subdivision in the City of Dubuque, Dubuque County, Iowa RESOLUTION Of intent to vacate and dispose of City Interest in Lots C and D of Loetscher and Truebs Subdivision in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Refer to City Manager ~ ~ ~ ~ CJ il Finley 1 Hartig - MVM Finley 1 Hartig - Staff Finley 1 Hartig - Merro Merro Resolution #1 Finley 1 Hartig - Resolution #2 Finley IHartig - Vicinity Map Finley 1 Hartig Ur Finley 1 Hartig - Finley 1 Hartig - Plat Exhibit A of Survey 7 2. Rosedale Avenue Reconstruction Project City Manager recommending initiation of the bidding process for the Rosedale Avenue Reconstruction Project and that a public hearing be set for August 1, 2005. RESOLUTION Preliminary approval of plans and specifications RESOLUTION Fixing date of hearing on plans and specifications RESOLUTION Of Necessity RESOLUTION Fixing date of hearing on Resolution of Necessity RESOLUTION Approving preliminary schedule of assessments Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 8/1/05 ~ ~ CJ ~ L!J Rosedale - MVM Merro Rosedale - Staff Merro Rosedale - Resolutions Rosedale - Assessrrents 3. Nowata Street Reconstruction Project City Manager recommending initiation of the bidding process for the Nowata Street Reconstruction Project and that a public hearing be set for August 1, 2005. RESOLUTION Preliminary approval of plans and specifications RESOLUTION Fixing date of hearing on plans and specifications RESOLUTION Of Necessity RESOLUTION Fixing date of hearing on Resolution of Necessity RESOLUTION Approving preliminary schedule of assessments Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 8/1/05 ~ ~ ~ ~ Nowata - MVM Merro Nowata - Staff Merro Nowata - Resolutions Nowata - Assessrrents 8 4. Synergy Court DICW - Street and Utilities Construction Project City Manager recommending initiation of the bidding process for the Synergy Court DICW - Street and Utilities Construction Project and that a public hearing be set for August 1, 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 8/1/05 ~ ~ ~ Synergy Ct - MVM Merro Synergy Ct - Staff Merro Synergy Ct - Resolutions 5. Granger Creek Interceptor Sewer Extension Connection Fee City Manager recommending that a public hearing be set for August 1, 2005 to consider establishment of the Granger Creek Interceptor Sewer Extension Connection Fee. RESOLUTION Providing for the notice of the date, time and place of a public hearing on an ordinance establishing a connection fee for the Granger Creek Interceptor Sewer Extension Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 8/1/05 ~ CJ ~ CJ ~ Granger Creek - MVM Merro Granger Creek - Staff Merro Granger Creek - Resolution Granger Creek - Fee Schedule BOARDS/COMMISSIONS Appointments to the following Boards/Commissions: Library Board of Trustees (Five 4-year terms through 7/1/09 - Felderman, Shubatt, Smith, Strom, Tully) (Tabled from 6/20/05 Meeting) - Mayor Appointment Applicants: Diann Guns, Beverly Kolz, Michael Shubatt, Kristin Smith Park and Recreation Commission (Three 3-year terms through 6/30/08 - terms of Blocklinger, Daykin and Schrobilgen) Applicants: Tom Blocklinger, Evelyn Nadeau, Matthew Lundh, Richard Vorwald, Kim Daykin Communication from Mary Fuhrman in support of the application of Evelyn Nadeau for the Park and Recreation Commission. 9 TV Cable Community Teleprogramming Commission (One vacant 3-year term through 6/30/06, one vacant 3-year term through 3/30/07, three 3-year terms through 6/30/08- terms of Everist, Hoverman and one vacant) Applicants: Pauline J. Maloney Zoning Advisory Commission (Three 3-year terms through 7/1/08 - terms of Christ, Schiltz and Smith) Applicants: Martha E. Christ, Richard J. Schiltz, Ron Smith ~ ~..[ ....~ -.'.~'. ..........:"'... .. Bd and Conm List Overview Sheet Ubrary Board Park and Rec Applications Furhrnan Ur Cable Application Zoning Applications PUBLIC HEARINGS SUSPEND THE RULES 1. Vacating Petition Proof of publication on notice of hearing to consider a request from Nathan Boyes to vacate and dispose of a sanitary sewer easement over Lot 29 Emerald Acres NO.2 in the City of Dubuque and City Manager recommending approval. RESOLUTION Disposing of interest and vacating a sanitary sewer easement over part of Lot 29 Emerald Acres NO.2 in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution ~. .....'0,.': "'-"'''':.':::: ~. ........._:t._~.....i. ~-:' ~ Vacating - MVM Merro Vacating - Staff Merro Vacating - Resolution Material from June 20, 2005 Meeting ~ ~ ~ Boyes - MVM Merro Boyes - Staff Merro Boyes - Resolution Release of Easerrent Easerrent - Exhibits 10 2. Tri-State Industries - Development Agreement Proof of publication on notice of hearing to consider approval of a Development Agreement by and between the City of Dubuque and Heller Family Realty Company, LLC for the sale and private development of Lot 3 of Dubuque Industrial Center West 3rd Addition and City Manager recommending approval. RESOLUTION Approving a Development Agreement providing for the sale and private development of Lot 3 of Dubuque Industrial Center West 3rd Addition in the City of Dubuque, Iowa, to the Heller Family Realty Company, LLC Suggested Disposition: Receive and File; Adopt Resolution ~ ~ ~ ~ E.J Tri-State - MVM Merro Tri-State - Staff Merro Tri-State - Resolution Developrrent Agreerrent Material from June 20, 2005 Meeting ~'= ;;;muu.m. uu.. ~ LlJ ~ MVM Ur Tri-State Relocation Staff Merro Resolution 3. Five Flags Theater Tuckpointing Project Proofs of publication on notice of hearing on plans and specifications and notice to bidders and City Manager recommending that the one bid received for the Five Flags Theater Tuckpointing Project be rejected. RESOLUTION Rescinding Resolution Number 250-05 giving preliminary approval of plans and specifications for the Five Flags Theater Tuckpointing Project Suggested Disposition: Receive and File; Adopt Resolution ~ LJ ~ CJ ~."... CJ Five Flags - MVM Merro Five Flags - Staff Merro Five Flags - Resolution Material from June 6, 2005 Meeting ~ ~ ~ Five Flags - MVM Merro Five Flags - Staff Merro Five Flags - Resolutions 11 4. Grandview Avenue Concrete Section Repair Project Proof of publication on notice of hearing on the plans and specifications and notice to bidders and City Manager recommending that the public bidding process for the Grandview Avenue Concrete Section Repair Project be re-initiated as no bids were received and that a public hearing be set for July 18, 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 7/18/05 ~ ~ ~ CJ Grandview - MVM Merro Grandview - Staff Merro Grandview - Resolutions Material from June 6, 2005 Meeting ~ ~ ~ Grandview - MVM Merro Grandview - Staff Merro Grandview - Resolutions REINSTATE THE RULES ACTION ITEMS 1. Exterior Storage Containers A. City Manager communication regarding exterior storage containers. B. Request of Steward Sandstrom, President and CEO of the Dubuque Area Chamber of Commerce to address the Council regarding the regulation of exterior storage containers. Suggested Disposition: Receive and File; Council ~ Ii Containers - MVM Merro Sandstrom Ltr 12 2. Greater Dubuque Development Corporation Communication from Rick Dickinson, Director of the Greater Dubuque Development Corporation, requesting that the Mayor, City Manager, Economic Development Director and two City Council Members (currently John Markham and Patricia Cline) be reappointed to serve on the Greater Dubuque Development Corporation Board of Directors. Suggested Disposition: Receive and File; Council Appointment GDOC Ur 3. Update of Zoning and Subdivision Ordinances City Manager recommending that a work session on the update of the Zoning and Subdivision Ordinances be scheduled for August 1 or August 15 from 4:00 p.m. to 6:00 p.m. Suggested Disposition: Receive and File; Council ~ ~ CJ Work Session - MVM Merro Work Session - Staff Merro 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)0) 2005 Code of Iowa Jeanne F. Schneider June 30, 2005 13