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10 03 05 Agenda No Icons CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:30 P.M. LIBRARY AUDITORIUM MONDAY, OCTOBER 3,2005 INVOCATION Reverend Dr. Craig Nesson, Academic Dean, Wartburg Theological Seminary PROCLAMATIONS Disability Employment Awareness Month (October, 2005) Bipolar Disorder Awareness Day (October 6, 2005) White Cane Safety Day (October 15" 2005) Trick or Treat Night (October 31, 2005) 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 Arts and Cultural Affairs Advisory Commission of 8/18 and 8/23; City Council of 9/19 and 9/28; Five Flags Commission of 8/15; Housing Commission of 8/23 and 9/14; Library Board of 8/31; Mechanical Board of 9/20; Park and Recreation Commission of 9/13; Zoning Board of Adjustment of 9/22 Proofs of publication of City Council proceedings of September 6,7, 8 and 12,2005 Printed Council Proceedings for June, 2005 Suggested Disposition: Receive and File; Approve as Printed 2. Notice of Claims/Sui1s Barbara Johns for vehicle damage, Dave Lynn for property damage, Steven K. and Leslie E. Neyens for property damage Suggested Disposition: Receive and File; Refer to Legal for Investigation/Report Corporation Counsel advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Donnabelle Kramer for personal injury/property damage; Barbara Johns for vehicle damage Corporation Counsel recommending settlement of the claim of Dave Lynn for property damage and directing the Finance Department to issue payment Suggested Disposition: Receive and File; Concur; Finance to Issue Payment 3. Iowa 32 Bike/Hike Trail City Manager recommending approval of the submission of a SAFE-TEA grant application for funds to complete phase two of the Iowa 32 (Northwest Arterial) bike/hike trail. RESOLUTION Approving the submittal of an application for Statewide Transportation Enhancement funding to the Iowa Department of Transportation for the Dubuque Heritage Trail Extension: Phase 2 of the Iowa 32 (Northwest Arterial) bike/hike trail project Suggested Disposition: Receive and File; Adopt Resolution 4. Ice Harbor Marina Project - Boating Infrastructure Grant City Manager recommending approval of an application for Tier 1 of the Boating Infrastructure Grant Program (BIGP) for the Ice Harbor Marina Project at the Port of Dubuque. Suggested Disposition: Receive and File; Approve 5. America's River Museum - EDI Special Purpose Grant City Manager recommending approval of a resolution authorizing the closeout of the Economic Development Initiative (ED I) special project grant from the U.S. Department of Housing and Urban Development for the America's River Museum on behalf of the Dubuque County Historical Society. RESOLUTION Providing for closeout of the Economic Development Initiative (ED I) Special Project Grant No. B-02-SP-IA-0178 for the America's River Museum on behalf of the Dubuque County Historical Society Suggested Disposition: Receive and File; Adopt Resolution 6. Dubuque County Conservation Society Communication from David W. Leifker, Dubuque County Conservation Society, requesting that the green space along Southern Avenue be preserved and not sold off as building lots and questioning future plans for Maus Park. Suggested Disposition: Receive and File; Refer to City Manager 2 7. Drug Awareness Resistance Education (DARE) Contract City Manager recommending approval of the Drug Awareness Resistance Education (DARE) contract between the City of Dubuque, Dubuque Community Schools and Holy Family Catholic Schools for the Fiscal Year 2005/2006 school year. Suggested Disposition: Receive and File; Approve 8. School Resource Officer (SRO) Agreement City Manager recommending approval of an agreement between the Police Department and the Dubuque Community School District regarding the duties and responsibilities of the Dubuque Police School Resource Officers. Suggested Disposition: Receive and File; Approve 9. Pennsylvania Avenue / Radford Road Sidewalk Installation Project - Final Schedule of Assessments City Manager recommending approval of the final assessment schedule for the Pennsylvania Avenue / Radford Road Sidewalk Installation Project. RESOLUTION Adopting the final assessment schedule for the Pennsylvania Avenue / Radford Road Sidewalk Installation Project including certain information required by the Code of Iowa, specifically, the number of annual installments into which assessments are divided, the interest on all unpaid installments, the time when the assessments are payable and directing the City Clerk to certify the final schedule and to publish notice thereof Suggested Disposition: Receive and File; Adopt Resolution 10. Third Street Overpass Decorative Railing Project City Manager recommending approval to modify the Riverwalk railing design for the Third Street Overpass Decorative Railing Project. Suggested Disposition: Receive and File; Approve 11. Bee Branch Creek Restoration Project - Commercial Property Acquisition City Manager recommending approval of the selection of Graham Land Acquisition Associates as the consultant for the commercial property acquisition south of 16th Street associated with the Bee Branch Creek Restoration Project. Suggested Disposition: Receive and File; Approve 12. Birch Street Housing Update (Tabled on September 6, 2005) City Manager submitting an update on the property located at 409 Burch Street and recommending that this item be re-tabled to November 7, 2005. Suggested Disposition: Receive and File; Table to 1117/05 3 13. National Register of Historic Places Nomination Historic Preservation Commission recommending approval of the nomination of Dubuque Casket Company at 1798 Washington Street to the National Register of Historic Places. Suggested Disposition: Receive and File; Approve 14. US 20 Improvements -ICAAP Funding City Manager recommending approval of the submission of an application to the Iowa Department of Transportation for Iowa Clean Air Attainment Program for funding of the City of Dubuque Traffic Signal Improvements Priority 2, 3, and 4 - US 20 (Devon Drive to Menards). RESOLUTION Authorizing the filing of an application with the Iowa Department of Transportation for Iowa Clean Air Attainment Program (ICAAP) funding of City of Dubuque Traffic-Signal Improvements Priority 2, 3, and 4 (US 20 - Devon Drive to Menard's) Suggested Disposition: Receive and File; Adopt Resolution 15. Hwy 151/61 and Maquoketa Drive Intersection -ICAAP Funding City Manager recommending approval of an application to the Iowa Department of Transportation for Iowa Clean Air Attainment Program funds for the US Highway 151/61 and Maquoketa Drive Intersection Improvement Project. RESOLUTION Authorizing the filing of an application with the Iowa Department of Transportation for Iowa Clean Air Attainment Program (ICAAP) funding of City of Dubuque us Highway 151/61 and Maquoketa Drive Intersection Improvement Project Suggested Disposition: Receive and File; Adopt Resolution 16. IA 32 (Southwest Arterial) RISE Application City Manager recommending approval of an updated RISE application for IA 32 (Southwest Arterial) in the amount of $12,000,000. RESOLUTION Authorizing the filing of an amendment to a RISE application to the Iowa Department of Transportation for Iowa Highway 32 (Northwest Arterial) Suggested Disposition: Receive and File; Adopt Resolution 17. Granger Creek Interceptor Sewer Extension Revised notice to property owners impacted by the Granger Creek Interceptor Sewer Extension Project. Suggested Disposition: Receive and File 4 18. Improvement Contracts / Performance, Payment and Maintenance Bonds -- Third Street Overpass Decorative Railing Project -- Port of Dubuque Recognition Wall Project -- Cedar Street and Dog Track Wastewater Pump Station Rehabilitations -- Five Flags Center HVAC - Phase II Project Suggested Disposition: Receive and File; Approve 19. Business Licenses RESOLUTION Granting the issuance of a new permit to sell cigarettes and cigarette papers to Walgreen's #09708 RESOLUTION Granting the issuance of a Class "C" Beer Permit to Kwik Stop Food Mart and Puff n Snuff RESOLUTION Granting the issuance of a Class "B" Liquor License to Hilton Garden/ Houlihan's; and Class "C" Beer/Liquor License to Carols O'Kelly's, One Flight Up, Cafe Manna Java, Dog House Lounge and Knickers Saloon Suggested Disposition: Adopt Resolutions BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Commission: Zoning Advisory Commission (One 3-year term through 7/1/06) Applicants: Kenneth Bichell, Matthew Lundh, Darren D. White Appointments to 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 5 PUBLIC HEARINGS SUSPEND THE RULES 1. Vacating Petition - Stewart Street Proof of publication on notice of hearing 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 and City Manager recommending approval. RESOLUTION Vacating a portion of North Grandview Avenue north of Delhi Street RESOLUTION Vacating a portion of North Grandview Avenue south of University Avenue RESOLUTION Vacating the remaining unvacated 12-foot alley east of North Grandview Avenue between Delhi Street and University Avenue RESOLUTION Vacating a portion of Stewart Street and adjacent alleys south of University Avenue RESOLUTION Disposing 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 Disposing of City interest in Lots C and 0 of Loetscher and Truebs Subdivision in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolutions 2. Fiscal Year 2006 Budget Amendment Proof of publication on notice of hearing to consider the first amendment to the Fiscal Year 2006 budget and City Manager recommending approval. RESOLUTION Amending the current budget for the Fiscal Year ending June 30,2006 Suggested Disposition: Receive and File; Adopt Resolution 6 3. North Grandview Sanitary Sewer and Water Main Installation Project Proofs of publication on notice to bidders and notice of hearing to consider the plans and specifications for the North Grandview Sanitary Sewer and Water Main Installation Project and City Manager recommending award of the contract to Connolly Construction in the amount of $226,161 and approval to increase the financial assistance to the developer to $78,001. RESOLUTION Adopting plans and specifications RESOLUTION Awarding contract for the watermain portion of the North Grandview Estates - Sanitary Sewer and Watermain Project RESOLUTION Approving construction contract with Connolly Construction for the watermain portion of the North Grandview Estates - Sanitary Sewer and Watermain Project RESOLUTION Awarding contract for the sanitary sewer portion of the North Grandview Estates - Sanitary Sewer and Watermain Project RESOLUTION Approving construction contract with Connolly Construction for the sanitary sewer portion of the North Grandview Estates - Sanitary Sewer and Watermain Project Suggested Disposition: Receive and File; Adopt Resolutions REINSTATE THE RULES ACTION ITEMS 1. Tri-States' Veteran Museum and Recognition Center Request of Susan M. Dazey to address the Council to present a preliminary idea for the formation of a Tri-States' Veteran Museum and Recognition Center in Dubuque. Suggested Disposition: Receive and File; Council 2. Tara Winger Request of Tara Winger to address the Council regarding proper housing in Dubuque for low income, disabled persons. Suggested Disposition: Receive and File; Council 7 3. Espresso Drive-Thru Communication from Loretta Thompson, Moo Java Inc., requesting to address the Council regarding a proposed espresso drive-thru behind Dubuque Discount Gas by Wal-Mart. City Manager providing additional information regarding the espresso drive-thru and recommending that a traffic study be required. September 23,2005 letter from the Engineering Department to Loretta Thompson, Moo Java Inc., requesting additional information regarding the proposed drive-thru. Suggested Disposition: Receive and File 4. Samantha Drive Culvert City Manager providing information regarding the issues surrounding the installation of the culvert in the waterway near Samantha Drive and requesting City Council direction. Suggested Disposition: Receive and File 5. Seippel Road Commercial Park - Final Plat City Manager recommending approval of the final plat of Seippel Road Commercial Park. RESOLUTION Approving the final plat of Seippel Road Commercial Park in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution 6. West 32nd Street Detention Basin Design City Manager recommending approval of the proposed design for the West 32"d Street Detention Basin that includes two wet ponds. Suggested Disposition: Receive and File; Approve 7. Cooper Management Company, LLC (Bricktown) Outdoor Service Application (Tabled on September 6, 2005) City Manager submitting an update on the Cooper Management Company, LLC (Bricktown) outdoor service liquor application and recommending approval of the license. RESOLUTION Granting the issuance of a Class "C" Beer/Liquor (Outdoor Service) License to Bricktown/Stonewall Lounge/Blackwater Grill Suggested Disposition: Receive and File; Adopt Resolution 8 8. City of Greenwood Communication from Harry L. Smith, Mayor of Greenwood, Mississippi, thanking the Dubuque Racing Association and the people of Dubuqu~ for their compassion and generosity to the evacuees of Hurricane Katrina and residents of Greenwood. Suggested Disposition: Receive and File 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 29,2005 9