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7 5 05 Skeleton Sheet - Notes . . . . . 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: ~. INVOCATION: Reverend Nick March, Associate Pastor of Resurrection Church PROCLAMATION: United Way Campaign Time ,/ ;3d.t"iIC tf'lAIc~ . . . 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 2 . . . 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 . 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 . 4 . . . 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 5 . . . 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 6 . . . 21. 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 7 . . 1. . 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 8 . . . RESOLUTION RESOLUTION 3cH) ~cJ/ '--'" 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 /? /'1 /) Jt/ ./ , <Jc/ Y' y5 .Y~ 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 9 . . . 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 ~ \'6 1 f Ayes Nays / / ~~ c/ /. Cline /' ( / Connors /; Duggan / // M Markham / . ; I ~:il~~::~~ V -j;1 ) / J~i tyt 1p ,J 11 7 n r pI(;) / ' f/J I / '7) / ~;J tP J ~ ~)y / 10 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 / Michalski ~ /:;J t/ 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 . ,yes / / / ~. / 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 j . 11 . . . PUBLIC HEARINGS SUSPEND THE RULES ~yes Nays ~ Buol / dline //. ~onnors Duggan 1/ ~Markham . ichalski /' icholson , ,i1 IIi 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 12 . . . 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 13 . . . 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 14 . . . 1. . , 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. h~ . I:J ~~ f' . J(fl ~ ,/Y) 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 t; )ApY I' ) Ijp 15 ~ v ~ t ~ t ro,~V VII /.J ~ '{ f ~ } y D~) i ~~J (:( ~ . . t . . . . A 1 l' U 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 /!J;; r / / / / ~ I A(!)S Nays Suol Cline Connors Duggan Markham Michalski Nicholson g j~ .' u1t1(jJ~.. /L 11 {/" /:J ~.. , '~/~ pi} 16 ~ . ~J) . ~ i'Y;/.\ . .~ '~~ ~ ~ f J \ ~. ! ~~ ~ ' 1 \ '$f Vi, ~ ~. I ~, \ j ~ ~ U" ~ ~ )} v ~ ~ ~'"\ ~ '\' ~D I., f \J\l ~I . . . . . . . . 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 I~/ff (/ f' I Y if 0 v.U )l11)jj) .' f~' )::) , ),,jJ to /1 /~ 'cr! tJ ~i) 1!';ltI {I / ~ f/? UQltJ ) . (;il" ~ J I Ji Ifl JAIl . ~l' Ii If' f1~) . .-J ? ;cJ / Motion to adjourn at 7,' ij 6'- 17 7,~~ ...~.avae;/~~-~6~ . rk/ r~~~~ ;d&~4'l'~/~fl~~ #~~&J~~~ /-# W~d, - /,?;?~ ~S.~~?;U'1 . .'- ~~-,~~~ ~~~~~a~/o/-ud~~ ..~ ~ z:J AY~J~/~~?C7 ~ -/k~/ '/~~,<,J ~4H/ ?j~-d ~~.t/ .0 .4",/?f~/ ..~~ U/~1!5/~.u/ ~-V~.~ AF~ / ~~/~~.&~/ ' , /U? ~;?fA.e.4c? - ~k/ 0 /'~~ ., fld/~-c!f;/ d.-.:V cz.fV~~C'd ~/V'/~a.4/ ~.?:;tA/ d/ ~7 ~~' c; .A7aA:dC//d-~/ ~~- k~/CZ/--d.? -V /~4~/~ .~ ~~~/J -~~~ ... ~~ ~~~/~,