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9 19 05 Agenda with Icons CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:30 P.M. LIBRARY AUDITORIUM MONDAY, SEPTEMBER 19, 2005 INVOCATION Reverend Kristian Kincaid, Our Redeemer Lutheran Church PROCLAMATIONS Constitution Week (September 17 - 23,2005) Crop Walk Day in Dubuque (October 2, 2005) ~ ~ Constitution Week Crop Walk Day 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 9/6, 9/7 and 9/8; Library Board of 7/28; Zoning Advisory Commission of 9/7; Zoning Board of Adjustment of 8/25; Library Board of Trustees Update from the meeting of August 31, 2005 Suggested Disposition: Receive and File ~..' EJ ~ EJ ~'" ,.,,~~.,'.:: . ,.. . ~' ^~~:.: . ,.~ ~-;" ,;,~~, _.. . ~ City Council City Council of 9/7 City Council of 9/8 Ubrary Bel Zoning Advisory Connission Zoning Bel of Adj ~. ,,;_;,;c _:,.:"~~ , .. Ubrary Update 2. Notice of Claims/Suits John Honeycutt for property damage; Donnabelle Kramer for vehicle damage Suggested Disposition: Receive and File; Refer to Legal for Investigation/Report Corporation Counsel advising that the following claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: UFCW 431 for property damage Corporation Counsel recommending settlement of the claim of Roger Schadler for property damage and directing the Finance Department to issue payment. Corporation Counsel recommending denial of the claim of Joan Higley for property damage Suggested Disposition: Receive and File; Concur; Finance Department to Issue Payment . lit ~ Claim - ICAP Claim - Settled Claim - Denied 3. Westbrook Subdivision Water Main Extension Project City Manager recommending acceptance of the Westbrook Subdivision Water Main Extension and Service Line Lateral Project as completed by Callahan Construction, Inc. in the final contract amount of $74,000. RESOLUTION Accepting improvement RESOLUTION Approving final estimate Suggested Disposition: Receive and File; Adopt Resolutions ~...'..-..'.. o ~t~' __c. """,,~", . ~ ..- , ,": Westbrook-MVM Memo Westbrook - Staff Memo Westbrook - Resolutions 4. Citizen Communication Communication from Dave Meyers regarding a notice he received to repair his sidewalk and objecting to the amount of time allowed to do the work and the amount of the permit fees. Suggested Disposition: Receive and File; Refer to City Manager 2 if Meyers Ltr 5. Diversity Training - Request for Proposals City Manager recommending approval of the issuance of a Request for Proposals for diversity training for City employees. Suggested Disposition: Receive and File; Approve ~ ~ o ~ EJ Training - MVM Memo Training - Staff Memo Diversity Training RFP 6. Letter of Appreciation Communication from the Diversity Training and Welcoming Committee expressing appreciation to the City Council for establishing a sister city relationship with Greenwood, Mississippi. Suggested Disposition: Receive and File ~..... ~ Diversity Corrrrittee Memo Corrrrittee Signatures 7. Employee Contribution to Health and Prescription Drug Plan Premiums City Manager submitting information regarding City employee contributions to health and prescription drug plan premiums. Suggested Disposition: Receive and File ~~; ,_~.~O"_ - ~ L::!J ~... o Health Plan - MVM Memo Health Plan - Staff Memo Health Plan Enrollments 8. Consolidated Annual Performance and Evaluation Report (CAPER) City Manager recommending approval of the Consolidated Annual Performance and Evaluation Report (CAPER) for the period of July 1, 2004 through June 30, 2005, which is required by the regulations governing the Community Development Block Grant (CDBG) Program. RESOLUTION Authorizing the submission of a Consolidated Annual Performance and Evaluation Project (CAPER) for the period commencing July 1, 2004 and concluding June 30, 2005 3 Suggested Disposition: Receive and File; Adopt Resolution ~. ,:.~~_-L: ,- ~ ~. EJ CAPER - MVM Merro CAPER - Staff Merro CAPER - Resolution CAPER - 2005 9. Jackson Street Signalization Removal City Manager recommending approval for the removal of the traffic signals at 15th and Jackson Streets and replacement with stop signs on 15th Street. Suggested Disposition: Receive and File; Approve ~ ~ Jackson St - MVM Merro Jackson St - Staff Merro 10. Fiscal Year 2005 Street Finance Report City Manager recommending approval of the City of Dubuque's Fiscal Year 2005 Street Finance Report for submittal to the Iowa Department of Transportation. RESOLUTION Approving the City of Dubuque Fiscal Year 2005 Street Finance Report Suggested Disposition: Receive and File; Adopt Resolution ~ ~...' EJ Report - MVM Merro Report - Staff Merro Street Finance Report 11. Acceptance of Warranty Deeds City Manager recommending approval of the acceptance of two warranty deeds from QHQ Properties for parcels of land on Asbury Road. RESOLUTION Accepting the deed to certain real estate in Dubuque County, Iowa from QHQ Properties - Salas Place RESOLUTION Accepting the deed to certain real estate in Dubuque County, Iowa from QHQ Properties - Southwest Quarter Suggested Disposition: Receive and File; Adopt Resolutions ~ EJ ~ ~".. -.~,-^:,: - ri} Deeds - Plats fi. Deeds - MVM Merro Deeds - Staff Merro Deeds - Resolutions Warranty Deeds 4 12. Eagle Valley Subdivision City Manager recommending approval of a request from Fondell Excavating for an extension through November 1, 2007 to complete the public improvements in Eagle Valley Subdivision. RESOLUTION Amending Resolution No. 293-03 Approving the final plat of Lots 1-2, inclusive, of Block 1, Lots 1-27, inclusive of Block 2, Lots 1-13, inclusive, of Block 3, Lots 1-13, inclusive, of Block 4, Lots 1-21, inclusive, of Block 6, Lots 1-10, inclusive, of Block 7, and Lots A-I, inclusive, all of Eagle Valley Subdivision Suggested Disposition: Receive and File; Adopt Resolution ~ U ~ o ~ EJ Eagle Valley - MVM Merro Eagle Valley - Staff Merro Eagle Valley - Resolution Fondell Ltr 13. Dubuque Star Brewery Building - Request for Proposals City Manager recommending approval of the issuance of a Request for Proposals for redevelopment of the former Dubuque Star Brewery Building and site. Suggested Disposition: Receive and File; Approve ~ ~!~ ~,L..... :'-_. ~.~. ,,~,-:: .-" Brewery - MVM Merro Brewery - Staff Merro Brewery - RFP 14. United States Environmental Protection Agency Letter to Stephanie Doolan, US Environmental Protection Agency, regarding the final closeout documents for the Port of Dubuque Brownfields Project, Suggested Disposition: Receive and File fi. Doolan Ur Brownfiek:ls - Final Report 15. Dubuque Yacht Basin City Manager recommending approval of the execution of a Waiver of Landlord's Lien for Dubuque Yacht Basin, Inc. boat inventory sold on consignment. Suggested Disposition: Receive and File; Approve ~ EJ ~ ~:~; - ~ ~ Yacht Basin - MVM Memo Yacht Basin - Staff Merro Yacht Basin - Gilloon Ur Waiver of Landlord's Uen 5 16. Great River Road Interpretive Signage Project City Manager recommending award of the contract for the Great River Road Interpretive Signage Project to Lange Sign Company in the amount of $23,010. RESOLUTION Awarding construction contract for the Great River Road Interpretive Signage Project Suggested Disposition: Receive and File; Adopt Resolution ~ ~ ~.. EJ Signage - MVM Merro Signage - Staff Merro Signage - Resolution MROC Signage - Bid Tab 17. Cable TV Teleprogramming Commission City Manager recommending approval of the Cable TV Teleprogramming Commission's recommendations for PEG Access Equipment Grants. Suggested Disposition: Receive and File; Approve ~.) - :~~..'.:.:' ",.' ":' ~.. . ~ o rll PEG - MVM Merro PEG - Staff Memo PEG Grant Requests 18. Harvest View Subdivision Petition from the residents of Harvest View Subdivision in appreciation of the installation of sidewalks on the north side of Asbury Road from John F. Kennedy Road to the Northwest Arterial. Suggested Disposition: Receive and File ~'!" ,~'_d - Harvest View Petition 19. Legislative Communication Communication to Senators Charles Grassley and Tom Harkin, and Representative Jim Nussle regarding S1504 - the Broadband Investment and Consumer Choice Act. Suggested Disposition: Receive and File ~ U ~(, ",:# - S 1504 - MVM Ltr Federal Legislator List 6 20. Iowa Department of Natural Resources Communication from the Iowa Department of Natural Resources advising that the City's Water Recreation Access Cost-Share Grant Application for Public Access in the amount of up to $50,000 has been approved. Suggested Disposition: Receive and File m IDNR Ur 21. Worker's Compensation Settlement City Solicitor William Blum recommending settlement of the worker's compensation claim of Terry Dolan. Suggested Disposition: Receive and File; Approve . ~ Settlerrent - Blum Ur 22. University of Dubuque Communication from Alan Burr, University of Dubuque, requesting changes to the parking restrictions in the area surrounding the University. Suggested Disposition: Receive and File; Refer to City Manager . UD Letter 23. Business Licenses RESOLUTION Granting the issuance of one new license to sell cigarettes and cigarette papers to Bulldog Billiards Sports Bar and Grill, Inc. RESOLUTION Granting the issuance of a Class "B" Beer (5-Day Special Event) permit to Dubuque Jaycees; and a Class "C" Beer Permit to Phillips 66/Arby's, Ron's Discount Smokes, Asbury Amoco Foodshop and Wal-Mart RESOLUTION Granting the issuance of a Class "C" Beer/Liquor License to A & B Tap, Happy's Place, Grand Tap, Grand River Center, Angie's Bar, Bulldog Billiards Sports Bar, Europa Haus, Red Robin Burgers/Spirits, and Fat Tuesday's; and Class "B" Wine permit to Wal-Mart and River City Gift Shop Suggested Disposition: Adopt Resolutions 7 ~ ~ ~ ~ e Police Reports Resolution # 1 Resolution #2 Resolution #3 ITEMS TO BE SET FOR PUBLIC HEARING 1. Vacating Petition - Stewart Street City Manager recommending that a public hearing be set for October 3, 2005 to consider a request from Richard Hartig, representing Grandview University LLC, and John E. Knox, representing The Finley Hospital, to vacate and dispose of a portion of Stewart Street, a portion of North Grandview Avenue, and portions of adjacent alleys between Delhi Street and University Avenue. RESOLUTION Approving plat of proposed vacated portion of North Grandview Avenue south of University Avenue RESOLUTION Approving plat of proposed vacated portion of North Grandview Avenue north of Delhi Street ' RESOLUTION Approving plat of proposed remaining unvacated 12-foot alley east of North Grandview Avenue between Delhi Street and University Avenue RESOLUTION Approving plat of proposed vacated portion of Stewart Street and adjacent alleys south of University Avenue RESOLUTION Of intent to vacate and 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; Adopt Resolution; Public Hearing 1 0/3/05 ~" ,:.~::i:.i;: .. ~ . ~ U Vacate - MVM Merro Vacate - Staff Merro Vacate - Knox / Vacate - Exhibit A Resolutions Hartig Urs Approving Plats ~ ii Resolutions of Intent Plats of Survey 8 2. Fiscal Year 2006 Budget Amendment City Manager recommending that a public hearing be set for October 3, 2005 to consider the first amendment to the Fiscal Year 2006 budget. RESOLUTION Setting a public hearing on the Fiscal Year 2006 budget amendment Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 10/3/05 ~. ~,~,6;: ' ... ~'> ,,-;-~~' ' "..- ~ ~ U ~.........\Ti U Arrendrrent - MVM Arrendrrent - Staff Arrendrrent - Arrendrrent - State Merro Merro Resolution Form Arrendrrent Detail 3. Miller Riverview Park Electric Outlet - Phase I Project City Manager recommending initiation of the bidding prqcess for the Miller Riverview Park Electric Outlet - Phase I Project and that a public hearing be set for October 17, 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 10/17/05 ~ ~ ~ fWfA u Park - MVM Merro Park - Staff Merro Park - Resolutions BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Boards/Commissions: Environmental Stewardship Advisory Board (One 1-year youth term; two 3-year terms through 10/1/08 - terms of Klostermann and O'Toole) Applicants: Youth - Kiersten Berg and Claire Miller; Wayne Klostermann and Mary Clare O'Toole Appointments to the following Boards/Commissions: Zoning Advisory Commission (One unexpired 3-year term through 7/1/06) Applicant: Matthew Lundh ~....-.,. C:I ~ ~ It rn ~ Bd and Comm List Overview Sheet Env Stewardship Adv Zoning Advisory Comm 9 PUBLIC HEARINGS SUSPEND THE RULES 1. Tri-State Development - Request to Rezone Proof of publication on notice of hearing to consider amending the Zoning Ordinance of the City of Dubuque by rezoning property located northeast of Seippel Road and Cottingham Road from R-1 Single-Family Residential District to CS Commercial Service and Wholesale District as requested by Tri-State Development Company/James and Doris Graf and Zoning Advisory Commission recommending denial. Communication from Brian Lammers, Tri-State Development Company, requesting that this rezoning request be tabled until he has had an opportunity to meet with neighboring property owners. Commu~ication from Margaret and Donald Delaney, et ai, in opposition to the proposed rezoning. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located northeast of Seippel Road and Cottingham Road from R-1 Single-Family Residential District to CS Commercial Service and Wholesale District Suggested Disposition: Receive and File; Table or Motion B; Motion A (Super Majority Vote) ~ ~ ~ ~ ~ Ea Tri-State - ZAC Ltr Tri-State - Ordinance Tri-State - Staff Report Tri-State - Application Tri-State - VICinity CS Regulations Map ~ f1i Opposition Ltr wI Pictures Tri-State Developrrent Ltr REINSTATE THE RULES ACTION ITEMS 1. 2080 Elm Street / Michele Mihalakis Rezoning (Third Reading) Communication from Laurie Bartolotta in opposition to the proposed rezoning. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 2080 Elm Street from R-2A Alternate Two-Family Residential District to OR Office Residential District 10 Suggested Disposition: Receive and File; Motion A (Super Majority Vote Necessary) ~' "" -:-.- ~ LtJ ~ EJ Sa rtolotta Ltr 2080 Elm - MVM Memo 21st & Elm - Staff Memo Calls for Service - Staff Memo ~ . ra ~ ~ EJ . 2080 Elm - ZAC Ltr Gronen - Application Gronen - VICinity Map Gronen - Staff Gronen - Ordinance Gronen - Support Ltr Report ~ rlii Gronen - Opposition Ltr Schiltz Ltr 2. Arbor Estates Subdivision - Phase III - Final Plat City Manager recommending approval of the final plat of Arbor Estates Subdivision - Phase III as requested by Kivlahan Farms, L.C. RESOLUTION Approving final plat of Lots 13 through 18, inclusive, in Block 6, Lots 6 through 20, inclusive, in Block 7, Lots 3 through 15, inclusive, in Block 8, Lots 2 through 12, inclusive, in Block 9, Lots 1 through 10, inclusive, in Block 10, Lots P, Q, R, and S, all in Arbor Estates, in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution ~ EJ ~ EJ ~ EJ ~ EJ til g Arbor Estates - MVM Arbor Estates - Staff Arbor Estates - Arbor Estates - Staff Arbor Estates - Kivlahan Application Memo Memo Resolution Report Vicinity Map . Arbor Estates - Final Plat 3. Ehrlich Farms Subdivision - Preliminary Plat Zoning Advisory Commission recommending approval of the preliminary plat of the Ehrlich Farms Subdivision. RESOLUTION Adopting the preliminary plat of Ehrlich Farms Subdivision Suggested Disposition: Receive and File; Adopt Resolution ~ ~'!'c, .,. ........'-. ~ EJ . Ehrlich - Application 1501 W 32nd - Vicinity Map f3l Ehrlich Farm - ZAC Ehrlich Farm - Staff Ehrlich Farm- Ltr Report Resolution Ltr of Concern 11 4. Four Mounds Foundation Communication from Christine Happ Olson, Executive Director of the Four Mounds Foundation, requesting City sponsorship of an application for transportation enhancement funds from the Iowa Department of Transportation. Suggested Disposition: Receive and File; Council Pi Four Mounds Ur 5. Highway 20 Bridge City Manager recommending that a work session with the Iowa Department of Transportation be held at 5:00 p.m. on November 7,2005 to review aesthetic design issues associated with the Highway 20 Bridge Project. Suggested Disposition: Receive and File; Concur ~,. -_:~j: '~ Hwy 20 Bridge - MVM Merro 6. Phoenix Award Press release advising that the Port of Dubuque redevelopment project has been recognized as one of the nation's outstanding Brownfield redevelopment projects and has been awarded the 2005 Phoenix Award for EPA Region 7. Suggested Disposition: Receive and File ~.~ "0_, '-'''.. Phoenix Award 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)G) 2005 Code of Iowa Jeanne F. Schneider September 15, 2005 12