7 5 05 Skeleton Sheet - Notes
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CITY COUNCIL REGULAR SESSION, JUL V 5, 2005
COUNCIL MET IN RE~U R SESSION AT 6:30 P.M. IN THE L1B?RY AU91TORlUM
PRESENT: MA VOR ,D GGAN, <;OUNCIL MEMBERS ~OL, CL"E, COrJ'ORS,
MARK~M, MICHfL KI, NICIiOLSON
CITY MANAGER VAf MILLlGEN; CORPORATION COUNSEYLlNDAHL
ABSENT:
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INVOCATION: Reverend Nick March, Associate Pastor of Resurrection Church
PROCLAMATION: United Way Campaign Time ,/ ;3d.t"iIC tf'lAIc~
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CONSENT ITEMS
)ye,-;) Nays
L~BuOI
/ 'Cline
/1' Connors
. Duggan
/ Markham
;1 () Michalski
c?) Nicholson
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
2.
Proofs of publication of City Council Proceedings of June 6 and 13, 2005
Suggested Disposition: Receive and File
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
3. Human Rights Commission
Communication from Gary McAlpin advising that he is resigning from the Human Rights
Commission.
Suggested Disposition: Receive and File
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
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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
6. Subs1ance 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.
5.
Suggested Disposition: Receive and File; Approve
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.
8.
Suggested Disposition: Receive and File; Approve
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
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.
9.
Suggested Disposition: Receive and File; Approve
Ayes Nays
Buol
Cline
Connors
Duggan
Markham
Michalski
Nicholson
3
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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 d- 9' / 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
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
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
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
Ayes Nays
I Buol
Cline
Connors
Duggan
Markham
Michalski
L Nicholson
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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 c3 / ~ Approving the final plat of Lots 1 thru 4, and Lots A,
B, and C of Dubuque Industrial Center West 3rd Addition in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt 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 ~ d/ l' .3 Amending Resolution No. 239-05 Accepting the
Widening of Asbury Road at the Northwest Arterial Project and approving the final
contract amount
14.
16.
Suggested Disposition: Receive and File; Adopt Resolution
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
Ayes Nays
Buol
Cline
Connors
Duggan
Markham
Michalski
Nicholson
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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
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 ,III :J
19. Lease Agreement - Dubuque Yacht Basin _~ ~
City Manager recommending approval of a new lease between the City and DUbUq1je .
Yacht Basin for placement of a sign for Catfish Charlie's Restaurant. III
Suggested Disposition: Receive and File; Approve .Y
17.
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
Ayes Nays
Buol
Cline
Connors
Duggan
Markham
Michalski
Nicholson
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22.
Superfine, Inc. I Jackson Films, Inc.
City Manager recommending approval of a request from Superfine, Inc. / Jackson Films,
Inc. to film a documentary on City-owned property.
Suggested Disposition: Receive and File; Approve
Business Licenses
RESOLUTION c3- '1 / Granting the issuance of 8 renewal permits to sell
cigarettes and cigarette papers within the City
RESOLUTION c3 '7:5 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 C? Y? 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
Ayes Nays
Buol
Cline
Connors
Duggan
Markham
Michalski
Nicholson
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ITEMS TO BE SET FOR PUBLIC HEARING
1.
2.
3.
Aves Nays
~. ;jl B~~~
/ ~onnors
/ (;) Duggan
/ () Markham
/ ... Michalski
/ Nicholson ~
Finley Hospital - Request to Vacate - July 18, 2005 /'
Rosedale Avenue Reconstruction Project - August 1, 2005
Nowata Street Reconstruction Project - August 1, 2005
Synergy Court DICW - Street and Utilities Construction Project - August 1, 2005
Granger Creek Interceptor Sewer Extension Connection Fee - August 1, 2005
4.
5.
Finley Hospital - Request to Vacate
City Manager recommending that a public hearing be set for July 1 ,2005 to consider a
request from John E. Knox, The Finley Hospital, and Richard Ha . ,Hartig USA Drug
Stores, to vacate and purchase a portion of North Grandview Av nue and portions of
adjacent alleys betwee Delhi Street and University Avenue.
RESOLUTION Of intent to dispose of City. terest in lot 2 of
Grandview University P ace, lot 2 of 1 of Rigi Subdivision o. 2, and lot A and lot B of
loetscher and Truebs Subdivision in the City of Dubuqu ,Dubuque County, Iowa
RESOLUTION ~ Of intent to vacate a dispose of City Interest in Lots
C and D of loetscher a d Truebs Subdivision in the ity of Dubuque, Dubuque County,
Iowa
2.
Suggested Disposition: Receive and File; Refer to City Manager
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 c3 '-7 '/ Preliminary approval of plans and specifications
c3) '7 p'
RESOLUTION Fixing date of hearing on plans and specifications
RESOLUTION c3 '1 Y
Of Necessity
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RESOLUTION
RESOLUTION
3cH)
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Fixing date of hearing on Resolution of Necessity
Approving preliminary schedule of assessments
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
8/1/05
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 , '3 C) ;;l Preliminary approval of plans and specifications
RESOLUTION
RESOLUTION
RESOLUTION
RESOLUTION
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Jt/ ./
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Fixing date of hearing on plans and specifications
Of Necessity
Fixing date of hearing on Resolution of Necessity
Approving preliminary schedule of assessments
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
8/1/05
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 30 :/ Preliminary approval of plans and specifications
4.
RESOLUTION
RESOLUTION
30g
:JOY
Fixing date of hearing on plans and specifications
Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
8/1/05
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 3/0 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
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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
Y ",-, Ayes Nays \
. ~ ~> V' Buol
\J / Cline
~ ~ ~connors
f\~ . L~ Duggan
/.. 1 Markham
// Michalski
Nicholson
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Ayes Nays
/ / ~~ c/
/. Cline /' (
/ Connors
/; Duggan /
// M Markham /
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Park and Recreation Commission (Three 3-year terms through 6130108 - terms of
Blocklinger, Daykin and Schrobilgen)
. Applicants: Tom Blocklinger, Evelyn Nadeau, Matthew Lundh, Richard Vorwald, Kim Oaykin
Communication from Mary Fuhrman in support of the application of Evelyn Nadeau for the
Park and Recreation Commission.
Blocklin er
Nadeau
Lundh
Vorwald
Oa kin
Connors
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Michalski
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TV Cable Community Teleprogramming commissioeant 3-year term through
6130106, one vacant 3-year term through 3130107, thr .3-year rms through 6130108 -
terms of Everist, Hoverman and one vacant)
Applicants: Pauline J. Maloney
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,yes
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Nays
Buol
Cline
Connors
Duggan
Markham
a2~ichalski
~icholson
Zoning Advisory Commission (Three 3-year terms through 7/1108 - terms of Christ,
Schiltz and Smith)
Applicants: Martha E. Christ, Richard J. Schiltz, Ron Smith
Nays
Buol
Cline
"i. (J Connors
/... Duggan
/' / _rkham
/ / (!) vMichalski
/ Nicholson
Ayes
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PUBLIC HEARINGS
SUSPEND THE RULES
~yes Nays
~ Buol
/ dline
//. ~onnors
Duggan
1/ ~Markham
. ichalski
/' icholson
, ,i1
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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 --3// 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
/ Aye" Nays
,/ l!J Buol
/ Cline
/ Connors
r> Duggan
'l Markham
I ~ichalski
C~/uicholson
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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 .3/ Q/i 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
Ayes Nays
/ Buol
/ Cline
/ Connors
'/1, Duggan
(I) Markham
/ / ' Michalski
/ ~icholson
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 <:? /. :3 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
Ayes Nays
,/ Buol
//c,,@Cline
Connors
//' Duggan
I Markham
~ichalski
,/ Nicholson
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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 .3 / ~/ Preliminary approval of plans and specifications
...-
RESOLUTION 3/..5 Fixing date of hearing on plans and specifications
RESOLUTION -3/" 0
Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
7/18/05
AYJls Nays
/ Buol
//. Cline
/. Connors
Duggan
/ Markham
/ ~~ichalski
/ ~icholson
REINSTATE THE RULES
.-Ay~ Nays
~.. LV Suol
/. Cline
Connors
/ Duggan
/ Markham
/;./ . Michalski
@Nicholson
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ACTION ITEMS
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.
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Suggested Disposition: Receive and File; Council
/. Ayes. Nays
r; Buol
~ (VCline
Connors
// Duggan
/ Markham
ti~ichalski
/ ~,.ichOlson
Ayes Nays
Buol
Cline
Connors
Duggan
Markham
Michalski
Nicholson
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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
~~:~~~~~ed to serve on the Greater Dubuque Development Corporation Board O)f fY
Suggested Disposition: Receive and File; Council Appointment /?,.At I ~
. iltV ! ~ Ayes ~~~tys jl~l'
4 ~ // Connors CV
Duggan
/ ~Markham II i
/ Michalski ;) ~
/ _~icholson, '}
3.
Update of Zoning and Subdivision Ordinances
City Manager recommending that a work session on the upd
Subdivision Ordinances be scheduled for August 1 or Au st 15
p.m.
the Zoning and
o 4:00 p.m. to 6:00
Suggested Disposition: Receive and File; Council
I Cfi 7
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Nays
Suol
Cline
Connors
Duggan
Markham
Michalski
Nicholson
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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
Motion to go into Closed Session at
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Motion to adjourn at
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