9 19 05 Skeleton Sheet
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CITY COUNCIL REGULAR SESSION, SEPTEMBER 19, 2005
COUNCIL MET IN REGUlJ'R SESSION AT 6:30 P.M. IN THE LIBRARY AUDITORIUM
PRESENT: MA YORDu6~AN, CQUNCIL MEMBERSvSUOL, C~'E, CO",ORS,
MARK~M, MICHfLSKI, NICH9lS0N
CITY MANAGER VA~ILLlGEN; CORPORATION COUNSE~INDAHL
ABSENT:
INVOCATION: Rev~rend Krislian K, i,n, C~id. Our Redeem, er Lutheran Church. 'if ~
PROC~TIONS. ,..~~ / . /),} ~dL~J{I/
Constitution Week L. A ://?~{ , {~.(...{.o.ht?!" (~t'U/[U V
Crop Walk Day in Dubuque klnHt) ~.
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CONSENT ITEMS
Ayes Nays
I Connors
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/ . arkham
/: Michalski
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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
Notice of Claims/Suits
John Honeycutt for property damage; Donnabelle Kramer for vehicle damage
2.
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
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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 '7~~' (/.::) Accepting improvement
RESOLUTION qr3!'7 Approving final estimate
Suggested Disposition: Receive and File; Adopt 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.
5.
Suggested Disposition: Receive and File; Refer to City Manager
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
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.
6.
Suggested Disposition: Receive and File
Ayes Nays
Connors
Duggan
Markham
Michalski
Nicholson
Buol
Cline
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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
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 L/30 Authorizing the submission of a Consolidated Annual
Performance and Evaluation Project (CAPER) for the period commencing July 1, 2004
and concluding June 30, 2005
Suggested Disposition: Receive and File; Adopt Resolution
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
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 Y.3 / Approving the City of Dubuque Fiscal Year 2005
Street Finance Report
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Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
Connors
Duggan
Markham
Michalski
Nicholson
Buol
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13.
Acceptance of Warranty Deeds
City Manager recommending approval of the acceptance of two warranty deeds from
OHO Properties for parcels of land on Asbury Road.
RESOLUTION L/ J ;2/ Accepting the deed to certain real estate in Dubuque
County, Iowa from OHQ Properties - Salas Place
RESOLUTION ./y' J..5 Accepting the deed to certain real estate in Dubuque
County, Iowa from QHQ Properties - Southwest Quarter
Suggested Disposition: Receive and File; Adopt Resolutions
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 L73 c/ 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
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
Ayes Nays
Connors
Duggan
Markham
Michalski
Nicholson
Buol
Cline
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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
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.
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Suggested Disposition: Receive and File; Approve
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 .t./:3~ Awarding construction contract for the Great River
Road Interpretive Signage Project
RESOLUTION ~:J ? Approving construction contract with Lange Sign
Group for the Great River Road Interpretive Signage Project
Suggested Disposition: Receive and File; Adopt Resolution
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
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
Ayes Nays
Connors
Duggan
Markham
Michalski
Nicholson
Buol
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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
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.
19.
Suggested Disposition: Receive and File
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
University of Dubuque
Communication from Alan Burr, University of Dubuque, requesting changes to the
parking restrictions in the area surrounding the University.
22.
Suggested Disposition: Receive and File; Refer to City Manager
Ayes Nays
Connors
Duggan
Markham
Michalski
Nicholson
Suol
Cline
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23.
Business Licenses
RESOLUTION "/ ..P~ Granting the issuance of one new license to sell
cigarettes and cigarette papers to Bulldog Billiards Sports Bar and Grill, Inc.
RESOLUTION ~:3 f' 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 ij j ~ 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
Ayes Nays
Connors
Duggan
Markham
Michalski
Nicholson
Buol
Cline
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ITEMS TO BE SET FOR PUBLIC HEARING
1.
Vacating Petition - Stewart Street - October 3, 2005
2. Fiscal Year 2006 Budget Amendment - October 3, 2005
3. Miller Riverview Park Electric Outlet - Phase I Project - October 17, 2005
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l~onnors
I Duggan
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/ ' Nicholson
II' Buol
Cline
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 C/ 5 t1 Approving plat of proposed vacated portion of North
Grandview Avenue south of University Avenue
RESOLUTION 0/' ~ f/ Approving plat of proposed vacated portion of North
Grandview Avenue north of Delhi Street
RESOLUTION ~~;l Approving plat of proposed remaining unvacated 12-
foot alley east of North Grandview Avenue between Delhi Street and University Avenue
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RESOLUTION I i/ ~ Approving plat of proposed vacated portion of
Stewart Street and adjacent alleys south of University Avenue
RESOLUTION -7 ~!I' 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 1f'~/5 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
10/3/05
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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 .c7' ~ @ Setting a public hearing on the Fiscal Year 2006
budget amendment
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
10/3/05
3.
Miller Riverview Park Electric Outlet - Phase I Project
City Manager recommending initiation of the bidding process for the Miller Riverview
Park Electric Outlet - Phase I Project and that a public hearing be set for October 17,
2005. .
RESOLUTION ~~:p
RESOLUTION ~'7'?
RESOLUTION qq'?
Preliminary approval of plans and specifications
Fixing date of hearing on plans and specifications
Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
10/17/05
Ayes Nays
Connors
Duggan
Markham
Michalski
Nicholson
Buol
Cline
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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 B~r~)md Claire Miller; w~, ne K10stennann and Mary Clare
O'Toole \ \~\t \ " Jy to
Appoinbnents to the tOllowin;Joardslcommissions:~" jO.J I
Zoning Advisory Commission (One unexpired 3-year terrli through 7/1/06)
Applicant: Matthew Lundh
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PUBLIC HEARINGS
SUSPEND THE RULES
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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.
1.
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.
Communication from Margaret and Donald Delaney, et ai, in opposition to the proposed
rezoning.
ORDINANCE ,X, X 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)
Ayes Nays
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I" Duggan
/- Markham
/// ~ichalski
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REINSTATE THE RULES
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Nicholson
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Cline
ACTION ITEMS
1. 2080 Elm Street I Michele Mihalakis Rezoning (Third Reading)
Communication from Laurie Bartolotta in opposition to the proposed rezoning.
ORDINANCE ,~;T5~ 0'5' 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
Suggested Disposition: J Receive and File; Motion A (Super Majority Vote
Necessary) ~~~; , /
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Ayes
Nays
Connors
Duggan
Markham
Michalski
Nicholson
Buol
Cline
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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 q 5" 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
'Ayes Nays
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Ehrlich Farms Subdivision - Preliminary Plat
Zoning Advisory Commission recommending approval of the preliminary plat of the
Ehrlich Farms Subdivision.
RESOLUTION Q5.1
Subdivision
Adopting the preliminary plat of Ehrlich Farms
Suggested Disposition: Receive and File; Adopt Resolution
Ay~ Nays
/ Connors
I, Duggan
I Markham.
/" Michalski/
, Nicholson
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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
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Markham
lichalski
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Buol
Cline
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
Aye~ ) Nays
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/ Duggan
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/' 0 JMichalski
// ~ Nicholson
/ . Buol
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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. ! )
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PUBLIC INPUT I 'R1 ;
At this time, anyone in the Council Chambers may address the Council on matters ~hiCh 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.
Suggested Disposition: Receive and File
Nays
Connors
Duggan
Ayes
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COUNCIL MEMBER REPORTS
CLOSED SESSION
Pending Litigation and Property Acquisition - Chapter 21.5(1)(c)0) 2005 Code of Iowa
Motion to go into closed session at /'. /1/'-
A~..es Nays
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/' Duggan
/ Markham
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Motion to adjourn at
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