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10 3 05 Skeleton Sheet .- . . CITY COUNCIL REGULAR SESSION, OCTOBER 3, 2005 COUNCIL MET IN ~ULAR SESSION AT 6:30 P.M. IN THE LIB~RY AUDITORIUM ~~~~~~tltO / ./ PRESENT: MAYOR DUOeAN, C NCIL MEMBERS BUOL, CLINE, ~ MARK~M, MICH~isKI, NICH SON CITY MANAGER V AtyMILLlGEN; CORPORATION COUNSEL!'LINDAHL ABSENT: INVOCATION: Reverend Dr. Craig Nesson, Academic Dean, Wartburg Theological Seminary PROCLAMATIONS ~ /2--/7 . Disability Employment Awareness Month Z.JVY;?j4M~ _ :4;1j L- Bipolar Disorder Awaren~a_y /~&fYJ While Cane Safety Day 07.uf~O ( ~4:/< .. Trick or Treat Night -- . <:3.d.Jbta/~~~ ~~~k-ij, ,M ~.. ) /~~A {~~ c . ___XA.-'(../ U/?l/ 7- ~~/ t:I~/-<J . . . . CONSENT ITEMS Ayes Nays , Dtlnen V; Markham // /, IMiChalSki /' Nicholson , uol / line / ' Connors 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 2. Printed Council Proceedings for June, 2005 Suggested Disposition: Receive and File; Approve as Printed Notice of Claims/Suits 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 2 . . 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) bikelhike trail. RESOLUTION ~5;;J 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. 3. Suggested Disposition: Receive and File; Approve America's River Museum -- EDI Special Purpose Grant City Manager recommending approval of a resolution authorizing the closeout of the Economic Development Initiative (EDI) 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 ~ 53 Providing for closeout of the Economic Development Initiative (EDI) 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. 5. Suggested Disposition: Receive and File; Refer to City Manager Ayes Nays Duggan Markham Michalski Nicholson Buol . Cline Connors 3 . . 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 200512006 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. 7. Suggested Disposition: Receive and File; Approve 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 ~.:5 Y 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. 9. Suggested Disposition: Receive and File; Approve Ayes Nays Duggan Markham Michalski Nicholson Buol Cline Connors . 4 . 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. Sirch 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 11nl05 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. 14. Suggested Disposition: Receive and File; Approve 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 0/:5:::1' 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 Ayes Nays Duggan Markham Michalski Nicholson Buol Cline Connors 5 . 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 ~ 5" ? 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 ~'5"/ 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 Granger Creek Interceptor Sewer Extension Revised notice to property owners impacted by the Granger Creek Interceptor Sewer Extension Project. . 17. Suggested Disposition: Receive and File 18. Improvement Contracts 1 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 HV AC - Phase II Project Suggested Disposition: Receive and File; Approve Ayes Nays Duggan Markham Michalski Nicholson Buol Cline . Connors 6 . . . 19. Business Licenses __ RESOLUTION L/"':) ~ Granting the issuance of a new permit to sell cigarettes and cigarette papers to Walgreen's #09708 RESOLUTION // 5f Granting the issuance of a Class "C" Beer Permit to Kwik Stop Food Mart and Puff n Snuff RESOLUTION L/~O 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 Ayes Nays Duggan Markham Michalski Nicholson Buol Cline Connors 7 . . . BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Commission: 11 Zoning Advisory Commission (One 3-Y8a. tenn through 7/1106) . . ..;J Applicants: Kenneth Bichell, Matthew Lundh, Darren D. White ~ :3 ~ , 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 Ber Miller Markham Michalski Nicholson Buol Ayes Nays ~llan Markham Michalski Nicholson Buol Cline Connors /' /~ /jJ .;)1)(/1 {, Ayes Nays f ~~h~;" / Michalski / . Nicholson / ~UOI , line / Connors 8 . PUBLIC HEARINGS SUSPEND THE RULES Ayes Nays 9ttggmr // G) Markham / Michalski / Nicholson //" " q~~~~ ~Connors ~O . ':J V' 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 ~(; /' Delhi Street RESOLUTION ~ ~~ University Avenue RESOLUTION L/ (/:5 Vacating the remaining unvacated 12-foot alley east of North Grandview Avenue between Delhi Street and University Avenue RESOLUTION L/ (/ / Vacating a portion of Stewart Street and adjacent alleys south of University Avenue Vacating a portion of North Grandview Avenue north of Vacating a portion of North Grandview Avenue south of RESOLUTION ~/ C;;c5' 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 L/ ~ ~' Disposing 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 Resolutions . Ayes Nays / -9wHy4rf , Markham /~iChaISki /;" icholson Buol '. Cline / Connors 9 . . . 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 ij ~ ? ending June 30, 2006 Suggested Disposition: Receive and File; Adopt Resolution Amending the current budget for the Fiscal Year Ayes r)u~s ./ Markham /" Michalski I/py,.icholson ~ Buol /(iJ Cline )' Connors 10 . . . 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 ij ~ 7' Adopting plans and specifications RESOLUTION /7' ~ f Awarding contract for the watermain portion of the North Grandview Estates - Sanitary Sewer and Watermain Project RESOLUTION ij /' C Approving construction contract with Connolly Construction for the watermain portion of the North Grandview Estates - Sanitary Sewer and Watermain Project RESOLUTION L'/-1/' Awarding contract for the sanitary sewer portion of the North Grandview Estates - Sanitary Sewer and Watermain Project RESOLUTION ~ '7 c2.J 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 Ayes Nays /. gU...!:IIc" . Markham / &~ichalski // . ~icholson / Buol Cline / Connors REINSTATE THE RULES Ayes Nays ./ D~~~.h '/ Markham / @Michalski /. ~icholson / Buol / ... Cline / Connors 11 . . . ACTION ITEMS 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. 1. Suggested Disposition: Receive and File; Council Ayes Nays . Bt...... ~ Markham / dichalski C~.:icholson /1 ,-. Buol '1)Cline / ('/ Connors (/0 ~t1r ~~~ Jt' l/ :3 ~ f'1 J /'" Jr/J //.,1ft' J;I r IV v . / [jT 1 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 2. Ayes Nays . j)tIggan ./ Markham // ()Michalski Nicholson / / Buol / ~line /lV Connors 12 ~. O)~ {Iff /P. cf l' J LV ' ,1{'.! II P rJ' 0( /cilV tp JAJ~. I /~. m . . . 13 . . . 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 Ayes /;)) 1(;) / Ayes Nays Duggan Markham Michalski Nicholson Suol Cline Connors 14 , . ~ ~~ Iii .. ~ ..\~ ~kP ~ r .~ ~~ t } ~ I it ,,J. ~ I~"~~' \v /,.. fJJ IF) · \}I 1\ l i r Y {~ . ~ Ii I\uf ;, lJ\ ^~~}~ II ; ~ "~' ~1 i" ~ 1'; \~ . . 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 0 ]~/)JlV ) Ayes Nays ~ I ) I~'i). Y .()) .V J / / ~m l'hIY~/.' j;JIIc;14 )jI' A r I;; Michalski ,/ II ) ~ ~ f ~jJ ~ /~iCholson. ~)1 ) ',J)C l) Nays ;pr/ ~O~J};'~~j! " ) dy Ayes :E:~~ If! ~fI; . JJ' II) fl j!, IF :~~olson ;(,i ,) ~ 1.,,1/ 11/11,1 Jl., /J M1 ,jY /I vI'; , fJ ~ \ff fr J I //Y I I / I" /} '. ,J ;I r" ct' () A J. / 1~~~1)f}!4 f ~1if , 1]/ (Jt,rJ~ . 'Pi)/, I({l~, l ,I ;/ ~j;l ..~ ~ 15 ;Y. . jI tlf -oq 1, . 5. . . Seippel Road Commercial Park - Final Plat City Manager recommending approval of the final plat of Seippel Road Commercial Park. RESOLUTION 9'7:3 Approving the final plat of Seippel Road Commercial Park in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays ~giil /: Markham / ~Michalski // icholson , \ I Buol //'" Cline Connors 1:1;0 6. West 32nd Street Detention Basin Design City Manager recommending approval of the proposed design for the West 32nd Street Detention Basin that includes two wet ponds. Suggested Disposition: Receive and File; Approve Ayes Nays / ~:~:'.n / . Michalski ~". Nicholson / / Buol / (j)C Ii ne I' - Connors 16 . 7. . 8. . 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 ~ceMe. ) ad/' RESOLUTION ~?:/ Granting the issuance of a Class "C" Beer/Liquor )).'%' (Outdoor Service) License to Bricktown/Stonewall Lounge/Blackwater Grill /1 Suggested Disposition: Receive and File; Adopt Resolution / ." (Ql) J O ~ I 6~ /ht!lfjl IA Ayes Nays II iJ 0 "~,Jl, /rIl DuglaA O{.!' III ~~/~ N ) ~lf' ~/ Markham r I !J . Michalski / f ~~ ~ ~ ~/ 1\ f ~iCholson I); l.iv 'J" ~ j;J ~ / ~~~~ (f rfJrJ' If I r / Connors y clJl~ J/ v City of Greenwood Communication from Harry L. Smith, Mayor of Greenwood, Mississippi, thanking the Dubuque Racing Association and the people of Dubuque for their compassion and generosity to the evacuees of Hurricane Katrina and residents of Greenwood. Suggested Disposition: Receive and File jJv . ,) 11 I Iii J1J; t/fJ ~~p4A, ;Y JIf ./PJl. ) ,/ &J l ~ ;AI;) ~ I{~:. :;:; Ii }J f)/ Nays ~ / Markham / ~ichalski ;/ (~iChOlson / - Buol , /!) Cline / - Connors Ayes 17 . . . 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 Motion to go into closed session at ~J ../ , "/ I -y'.:j Pending Litigation and Property Acquisition - Chapter 21.5(1 )(c)(j) 2005 Code of Iowa Ayes Nays ~1199~D '/ I Markham Michalski /. ~Nicholson / L~ Buol / Cline / Connors Motion to adjourn at 7"6/ Ayes Nays Duggan Markham Michalski Nicholson Buol Cline Connors 18 . /j/J 4'/' II. It) ."'.. ~J r %, If Ifr }~ { .fJirtlr~ PJIJ'U l~ III ......... ..., !a/~h"'k~~ ?:J ~?d'~ ?.v~, ~/-;ru~27'O dk~ ~~ ,~d/~-4a'..,/<,,/ ~;c> .' /2;Y./~ /k~ #.-bf'--V .t.~~~~/3'<,.{;.</ "A/~-~~A'AY '~..:'."=<:.'.~'.'..'':k.'rJ..'.'''.,4'-...A:.. ~..'.'. .A"A~._..;;;:...~.'.. '.. '.~. 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