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11 21 05 Agenda With Icons CITY OF DUBUQUE, IOWA PUBLIC NOTICE OF SPECIAL MEETING Government Body: City Council Date: Monday, November 21, 2005 Time: 6:30 P.M. Place of Meeting: Library Auditorium, 360 W. 11th Street NOTICE IS HEREBY GIVEN that the above identified governmental body will meet at the time, date and place as set forth above. The TENTATIVE AGENDA for the meeting is as follows: See Attached Agenda This notice is given pursuant to Chapter 21, Code of Iowa, 2005, and applicable local regulations of the City of Dubuque, Iowa and/or governmental body holding the meeting. ' ~--'-' eanne F. Schneider, CMC, City rk ANY VISUAL OR HEARING IMPAIRED PERSONS NEEDING SPECIAL ASSISTANCE OR PERSONS WITH SPECIAL ACCESSIBILITY NEEDS SHOULD CONTACT THE CITY CLERK'S OFFICE AT (563) 589-4120 OR TDD (563) 690 6678 AT LEAST 48 HOURS PRIOR TO THE MEETING CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:30 P.M. LIBRARY AUDITORIUM MONDAY, NOVEMBER 21, 2005 INVOCATION Dr. Dan Thornton, Interim Pastor, Third Presbyterian Church Swearing-In of Council Member Karla Braig 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 Cable TV Teleprogramming Commission of 10/4; City Council of 1117; Civil Service Commission of 9/19 and 10/19; Community Development Commission of 10/12; Five Flags Commission of 10/17; Historic Preservation Commission of 10/20; Human Rights of 10/5 and 10/24; Zoning Advisory Commission of 11/2; Zoning Board of Adjustment of 10/27 Library Board of Trustees Update from Meeting of October 27, 2005 Proofs of publication of City Council Proceedings of October 17, 2005 and List of Claims and Summary of Revenues for month ending August 31, 2005 Suggested Disposition: Receive and File u u u u FJl u Ca ble TV City Council Civil Serv~e of 9/19 Civil Serv~e of 10/19 Cormunity Dev Corrm Five Flags u u u u u HPC Hurran Rights - 10/5 Hurran Rights - 10/ Zoning Advisory Zoning Bd of Adj 24 u Ubrary Bd Update 2. Notice of Claims/Suits Richard Brown for vehicle damage; Karen Egan for property damage; Maquoketa Valley Electric Cooperative for property damage; Kasey McMahon 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: Richard Brown for vehicle damage Corporation Counsel recommending approval of the claim of Karen Egan for property damage and of the claim of Maquoketa Valley Electric Cooperative for property damage and directing the Finance Department to issue payment. Corporation Counsel recommending that the claim of Kasey McMahon for vehicle damage be referred to Tschiggfrie Excavating Company. Suggested Disposition: Receive and File; Concur; Finance Department to Issue Payment ~ ~ ~ Claim - ICAP Claim; - Settk!d Cia im - Referred 3. Civil Service Commission Civil Service Commission submitting the certified list for the positions of Records Supervisor and GIS Coordinator/Analyst. Suggested Disposition: Receive and File; Make a Matter of Record ~ ~ Records Supv GIS Coordinator 4. Friends of the Mines of Spain Communication from the Friends of the Mines of Spain regarding expansion of the E.B. Lyons Interpretive Center and connection to the City's water and sewer service. Suggested Disposition: Receive and File; Refer to City Manager ~ ~ Mines of Spa in Ltr E B Lyons Expansion 2 5. Comiskey Park Tennis Court/Skate Park Project City Manager recommending acceptance of the Comiskey Park Tennis CourUSkate Park Project as completed by Drew Cook and Sons in the final contract amount of $88,010.11. RESOLUTION Accepting improvement RESOLUTION Approving final contract amount Suggested Disposition: Receive and File; Adopt Resolutions ~ EJ ~ EJ ~ EJ Coniskey - MVM Merro Coniskey - Staff Merro Coniskey - Resolutions 6. Administrative Services Fee Renewal for Flexible Spending Plan City Manager recommending approval of the Administrative Services Fee presented by Total Administrative Services Corporation for the City's flexible spending plan. Suggested Disposition: Receive and File; Approve ~ ~ ~ Flex Spending - MVM Merro Flex Spending - Staff Merro Flex Spending 7. Renewal Rate for Voluntary Dental Plan City Manager recommending approval of the renewal rates for the City's voluntary dental plan. Suggested Disposition: Receive and File; Approve ~ ~ ~ Dental Plan - MVM Merro Dental Plan - Staff Merro Dental Plan Contract 8. Administrative Services Fee - Workers' Compensation City Manager recommending approval of the renewal rates from Alternative Service Concepts (ASC) for the City's workers' compensation claim handling. Suggested Disposition: Receive and File; Approve ~ ~ ~ Workers COf1"!J - MVM Merro Workers COf1"!J - Staff Merro Workers COf1"!J Proposal 3 9. Hartig Drug Company Communication from Keith Bibelhausen, President of Hartig Drug Company, requesting to lease a portion of the City-owned alley behind the Hartig Drug Store located at 157 Locust Street. Suggested Disposition: Receive and File; Refer to City Manager rlt Hartig Drug Ltr 10. River Pointe Condo Project Communication from Jim and Connie Nadermann in support of the River Pointe Development Condo project proposed by A.J. Spiegel. Suggested Disposition: Receive and File rlt Naderrmnn Ltr 11. Substance Abuse Services Agency Communication from Diane K. Thomas, Executive Director of Substance Abuse Services Agency, requesting Fiscal Year 2006 financial support. Suggested Disposition: Receive and File; Refer to City Manager rlt SAse Ltr 12. Dubuque Community School District City Manager recommending approval of a 28E Agreement with the Dubuque Community School District for operation of the Neighborhood Resource Center in the new Prescott Elementary School. Suggested Disposition: Receive and File; Approve ~ ~ rlt 28E Agreerrent - MVM Merro 28E Agreement - Staff Merro 28E Agreerrent 4 13. Glen Oak Street - Acceptance of Warranty Deeds City Manager recommending acceptance of warranty deeds for right-of-way purchases on the northerly portion of Glen Oak Street which are necessary for road improvements. RESOLUTION Accepting a conveyance of Lot C of Rosedale Addition NO.2 and the northeasterly 16 feet of Lot 2 Of Rosedale Addition NO.2 on Glen Oak Street in the City of Dubuque RESOLUTION Accepting a conveyance of Lot A of Rosedale Addition NO.2 on Glen Oak Street in the City of Dubuque RESOLUTION Accepting a conveyance of Lot B of Rosedale Addition NO.2 on Glen Oak Street in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolutions ~ ~ ~ Glen Oak - MVM Merro Glen Oak - Staff Merro Glen Oak- Resolutions 14. US 20 Fiber Optics Interconnect Project City Manager recommending approval of an Iowa Clean Air Attainment Program (ICAAP) Agreement with Howard R. Green Company for the US 20 Fiber Optics Interconnect Project. Suggested Disposition: Receive and File; Approve ~ ~ Fiber Optics - MVM Merro Fiber Optics - Staff Merro 15. 28E Mutual Aid Fire Protection Agreement City Manager recommending approval of a 28E Mutual Aid Agreement for fire protection in and surrounding Dubuque County. Suggested Disposition: Receive and File; Approve ~ ~ ~ 28F Mutual Aid - MVM Merro 28E Mutual Aid - Staff Merro 28E Mutual Aid Agreerrent 5 16. Municipal Fire and Emergency Services Response and Deployment Study City Manager recommending approval to issue a Request for Proposals for a Municipal Fire and Emergency Services Response and Deployment Study. Suggested Disposition: Receive and File; Approve ~ ~ ~ ~ ~ Study - MVM Merro Study - Staff Merro Fire Study - RFP Fire Station and Fringe Area Map District Ma p 17. Homeownership Assistance - Washington Neighborhood City Manager recommending approval of the use of budgeted General Fund money in the Washington Homeownership CIP for rehabilitation assistance to those families using the City's down payment loans to purchase homes in the neighborhood. Suggested Disposition: Receive and File; Approve ~ ~ Horreownership - MVM Merro Horreownership - Staff Merro 18. Certificate of Appreciation Certificate of Appreciation from the Centers for Medicare and Medicaid Services for the City sponsoring and coordinating community Medicare educational events. Suggested Disposition: Receive and File ~ CerWeate of Appreciation 19. Ruby Sutton Humanitarian Award Human Rights Director Kelly Larson has received the Ruby Sutton Humanitarian Award from the Dubuque Chapter of the NAACP. Suggested Disposition: Receive and File rn ~ Ruby Sutton Award 6 20. Federal Reserve Bank of Philadelphia Conference City Manager advising that he has accepted an invitation to speak at the Federal Reserve Bank of Philadelphia Conference, "Reinventing America's Older Communities." Suggested Disposition: Receive and File ~ MVM Merro 21. Dubuque County Supervisors - Certificate of Election Dubuque County Board of Supervisors submitting the "Certificate of Election" for the election of Karla Glab Braig to the office of Dubuque City Council - Ward Two for the term of two years from the fourteenth day of November, 2005. Suggested Disposition: Receive and File; Make a Matter of Record ~ CertWicate of Election 22. Economic Development Administration Contract - Amendment #3 City Manager recommending approval of Amendment #3 to the Economic Development Administration Contract extending the end date to June 25, 2006. RESOLUTION Authorizing the execution of Project Amendment #3 to contract with the Economic Development Administration Suggested Disposition: Receive and File; Adopt Resolution ~ fiirl'I L2J ~ EDA - MVM Merro EDA - Staff Merro EDA - Resolution 23. Improvement Contracts I Performance, Payment and Maintenance Bonds -- Miller-Riverview Park Electrical Service, Phase II Project -- Great River Road Interpretive Signage Project Suggested Disposition: Receive and File rJi ~ Project # 1 Project # 2 7 24. Business Licenses RESOLUTION Granting the issuance of one new permit to sell cigarettes and cigarette papers within the city to Plaza 20 Amoco RESOLUTION Granting the issuance of a Class "C" Beer Permit to Big 1 0 Mart and Plaza 20 Bp/Amoco RESOLUTION Granting the issuance of a Class "C" Beer/Liquor License to Aragon Tap, Jumpers Sports Bar, Instant Replay, Mario's Italian Restaurant and Pepper Sprout Suggested Disposition: Adopt Resolutions ~ IiVIi!'l L:?J ~ rlt Resolution #1 Resolution #2 Resolution #3 Police Reports BOARDS/COMMISSIONS Appointments to the following Commissions: Human Rights Commission (One unexpired term through January 1, 2008 - term of Oswald) Applicants: Anthony Allen, David Loney Long Range Planning Advisory Commission (Two unexpired terms through July 1, 2008 - terms of Portzen and Rusk) Applicant: Shannon Lundgren Additional Applicant: Lou Oswald ~ ~ rlt Bd and COIllT1 List Overview Sheet Hurran Rights Apps flit LRPC Apps PUBLIC HEARINGS SUSPEND THE RULES 1. 243 Valley Street - Rezoning Request Proof of publication on notice of hearing to consider amending the Zoning Ordinance of the City of Dubuque by reclassifying property located at 243 Valley Street from R-1 Single-Family Residential District to R-2 Two-Family Residential District as requested by Greg and Nancy Adams and Zoning Advisory Commission recommending approval. Communication from staff advising that a super majority vote of the City Council is necessary for approval of the rezoning request due to the percentage of opposition by adjacent property owners. Communication from Igor and Ulyana Kogoutiouk in opposition to the proposed rezoning. 8 ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 243 Valley Street from R-1 Single-Family Residential District to R-2 Two-Family Residential District, with conditions Suggested Disposition: Receive and File; Motion B; Motion A (Super Majority Vote Necessary) ~ fJJ: fJJ: ~ ~ Ada m; - ZAC lir Adam; - Application Adam; - Vicinity Map Adam; - Staff Report Adam; - Ordinance m fJJ: fJJ: ~ - Opposition Petitkms 243 Valley - Kogoutiouk lir Suggested Motion Opposition Map 2. Arc Design Resources, Inc. I QHQ Properties Proof of publication on notice of hearing to consider amending the Zoning Ordinance of the City of Dubuque by reclassifying property located at 4310 Asbury Road from C-3 General Commercial District to PUD Planned Unit Development District with a PC Planned Commercial District designation as requested by Arc Design Resources, Inc. I QHQ Properties and Zoning Advisory Commission recommending approval, with conditions. City Manager submitting information regarding the traffic impact study of the proposed Sam's Club and requesting approval to require an additional eastbound lane, landscape islands and to leave the entry roads as private streets as part of the Arc Design Resources, Inc. I QHQ Properties rezoning. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 4310 Asbury Road from C-3 General Commercial District to PUD Planned Unit Development District with a PC Planned Commercial District designation Suggested Disposition: Receive and File; Motion B; Motion A ~ fJJ: fJJ: SJ: ~ SJ: QHQ - ZAC lir QHQ - Application QHQ - Plat of Survey QHQ - VICinity Map QHQ - Staff Report Sams Club - Project Description ~ fa QHQ - Exhibits 1-1 and 1-2 SJ: SJ: ~ QHQ - Ordinance QHQ ~ Site Plans Resurrection Church Ltrs Suggested Motion ~ ~ Sams Club - MVM Merro Sams Club - Staff Merro 9 3. Code of Ordinances - Text Amendment Proof of publication on notice of hearing to consider amending Section 42-24 of the City of Dubuque Subdivision Regulations concerning the bonding of public improvements within new subdivisions as requested by the City of Dubuque and the Zoning Advisory Commission recommending approval. ORDINANCE Amending Chapter 42 (Subdivision Regulations) of the City of Dubuque Code of Ordinances by repealing Section 42-24(a) Improvement Guarantees and adopting a new Section 42-24(a) Improvement Guarantees in lieu thereof pertaining to requiring the owner of a subdivision to provide performance and maintenance guarantees for public improvements Suggested Disposition: Receive and File; Motion B; Motion A ~ ~ ~ ~ ~ Text - ZAC Ltr Subdwision Regs - Subdwlskm Regs - Subdwision Regs - Suggested Mot,m Staff Merro Ordinance Application REINSTATE THE RULES ACTION ITEMS 1. Cedar lake Plaza Site Plan Review Zoning Advisory Commission recommending approval of the site plan for the Vision Health Center to be located in Cedar Lake Plaza as requested by Durrant Group, Inc.lPat Norton. Suggested Disposition: Receive and File; Approve ~ ~ ~ ~ VISion Ctr - ZAC Ltr Vision Ctr - Staff Vision Ctr - Site Plan Ordinance 63-97 Merro 2. Former Dubuque Brewing and Malting Company Property Communication from John Gronen, Gronen Properties, requesting that the City establish a Conservation District at the former Dubuque Brewing and Malting Company property at 30th and Jackson Streets. City Manager providing information regarding the request of John Gronen to establish a Conservation District for the former Dubuque Brewing and Malting Company Property. Suggested Disposition: Receive and File; Council ~ ~ ~ Gronen Ltr Conservation District Map Conservation District 10 3. Eagle Point Bluff Study City Manager submitting the results of the Eagle Point Bluff Stabilization Study and requesting that a work session be scheduled. Suggested Disposition: Receive and File; Select Date for Work Session '-J '-J Bluff Study - MVM Merro Bluff Study - Staff Merro NOTE: Eagle Point Bluff Study contained as separate file on CD. 4. HOME Program Funds - Michelle Mihalakis City Manager recommending that the City support the application of Michelle Mihalakis to the Iowa Department of Economic Development for HOME Program funds for construction of a nineteen room SRO facility for single women at 2080 Elm Street. RESOLUTION Supporting an application from Michelle Mihalakis to the Iowa Department of Economic Development for HOME Investment Partnership (HOME) Program funds Suggested Disposition: Receive and File; Adopt Resolution '-J '-J '-J HOME - MVM Merro HOME - Staff Merro HOME- Resolution.doc 5. HOME Program Funds - Scott Potter City Manager recommending that the City support the application of Scott Potter to the Iowa Department of Economic Development for HOME Program funds for construction of a twelve room SRO facility for low/moderate income men at 601 Garfield Avenue. RESOLUTION Supporting an application from Scott Potter to the Iowa Department of Economic Development for HOME Investment Partnership (HOME) Program funds Suggested Disposition: Receive and File; Adopt Resolution '-J ~ "C::J ~ Potter - MVM Merro Potter - Resolution Cal~ for Serv~e - Staff Merro 11 6. Arboretum Drive Entrance City Manager recommending that sidewalk installation be required on both sides of Arboretum Drive and that all impacted property owners be notified that the installation is required by June 1, 2006. Communication from Jack Frick, Dubuque Arboretum & Botanical Gardens, regarding the sidewalk on the west side of Arboretum Drive. Suggested Disposition: Receive and File; Approve ~ ~ ~ ~ Arboretum - MVM Merro Arboretum - Staff Merro Arboretum - Vicinity Map Arboretum Ltr 7. Port of Dubuque/Pyatigorsk Park Artwork City Manager recommending approval of proposed Port of Dubuque Avenue of Art program for the creation of public art at the Port of Dubuque and Pyatigorsk Park. Suggested Disposition: Receive and File; Approve ~ ~ ~ Artwork - MVM Merro Artwork - Staff Merro Avenue of Art Budget 8. Fiscal Year 2007 Policy Guidelines City Manager recommending approval of the Fiscal Year 2007 Policy Guidelines. Suggested Disposition: Receive and File; Approve ~ Policy Guidelines 9. Ribbon Cutting City Manager requesting that the ribbon cutting ceremony for the Dubuque Industrial Center West, Bergfeld Recreation Area, and Chavenelle Road Expansion, originally scheduled for December 1, 2005, be rescheduled to Monday, December 5, 2005 at Noon. Suggested Disposition: Receive and File; Council IiV@'l CJ Ribbon Cutting - MVM Merro 12 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 Property Acquisition - Chapter 21.5(1)0) 2005 Code of Iowa Jeanne F. Schneider November 17, 2005 13