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1 3 06 Agenda No IconsCITY OF DUBUQUE, IOWA PUBLIC NOTICE OF SPECIAL MEETING Government Body: City Council Date: Tuesday, January 3, 2006 Time: 6:30 P.M. Place of Meeting: Library Auditorium, 360 W. 11t" Street NOTICE IS HEREBY GIVEN that the above identified governmental body will meet at the time, date and place as set forth above. The TENTAT{VE 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. ~~ / Jeanne F. Schneider, CMC, City Clerk 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 TUESDAY, JANUARY 3,2006 INVOCATION Reverend Jeffrey Bullock, President - University of Dubuque SWEARING IN Mayor Roy D. Buol by City Clerk Jeanne F. Schneider City Council Member At-Large Ric Jones by Mayor Roy D. Buol City Council Member First Ward Kevin Lynch by Mayor Roy D. Buol City Council Member Third Ward Joyce Connors by Mayor Roy D. Buol Mayor Pro-Tem Ann Michalski by Mayor Roy D. Buol PROCLAMATIONS Dr. Martin Luther King, Jr. Day CONSENT ITEMS The consent agenda items are considered to be routine and non-controversial and all consent items willbe 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 12/17 and 12/19; Civil Service Commission of 12/19; Library Board of 11/17; Transit Board of 11/10 and 12/15 Proof of publication of City Council Proceedings of November 21,2005 Library Board of Trustees Update from November 17,2005 meeting Suggested Disposition: Receive and File 2. Notice of Claims/Suits St. Vincent DePaul for vehicle damage; Wells Fargo Bank Minnesota vs City of Dubuque, et al Suggested Disposition: Receive and File; Refer to Legal for Investigation/Report Corporation Counsel recommending denial of the claim of Kenneth and Shirley Shannon for property damage Corporation Counsel recommending approval of the claim of St. Vincent DePaul for vehicle damage and directing the Finance Department to issue payment. Suggested Disposition: Receive and File; Concur 3. Dubuque Metropolitan Area Solid Waste Agency Communication from the Dubuque Metropolitan Area Solid Waste Agency submitting the Agency's Fiscal Year 2007 budget and fee schedule. Suggested Disposition: Receive and File 4. Iowa Department of Natural Resources Mike Wade, Environmental Specialist, submitting the report of the recent inspection of the City of Dubuque's wastewater collection system. Suggested Disposition: Receive and File; Refer to the City Manager 5. Civil Service Commission Civil Service Commission submitting the certified list for the position of Mechanic. Suggested Disposition: Receive and File; Make a Matter of Record 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 pla~. Suggested Disposition: Receive and File; Approve 7. Acceptance of Public Improvements - North Dubuque Addition City Manager recommending acceptance of the public improvements that the developer, Ridgeway, LLC, has completed in North Dubuque Addition (Excelsior Street) . RESOLUTION Accepting improvements in North Dubuque Addition Suggested Disposition: Receive and File; Adopt Resolution 8. 409 Birch Street Update (Tabled on December 5, 2005) City Manager submitting an update on the property located at 409 Burch Street and recommending that this item be re-tabled to February 6, 2006 Suggested Disposition: Receive and File; Table to 2/6/06 2 9. Miller-Riverview Park Electrical Service, Phase II City Manager recommending acceptance of the Miller-Riverview Park Electrical Service, Phase II Project as completed by Biechler Electric in the final contract amount of $50,528.50. RESOLUTION Accepting improvement RESOLUTION Approving final estimate Suggested Disposition: Receive and File; Adopt Resolution 10. 2005 Asphalt Paving Project City Manager recommending acceptance of the 2005 Asphalt Paving Project as completed by River City Paving in the final contract amount of $936,460.16. RESOLUTION Accepting improvement RESOLUTION Approving final estimate Suggested Disposition: Receive and File; Adopt Resolution 11. Washington Neighborhood Park Project City Manager recommending approval of a publication of combined notice of finding of no significant impact on the environment and notice of intent to request release of funds for the Washington Neighborhood Park Project. RESOLUTION Authorizing publication of combined notice of finding of no significant impact on the environment and notice of intent to request release of funds for the Washington Neighborhood Park Project Suggested Disposition: Receive and File; Adopt Resolution 12. West 32nd Street Detention Basin Design City Manager recommending approval of an amendment to the contract with MSA Professional Services in an estimated amount of $15,500 to include the design of ditch improvements upstream of the West 32nd Street Detention Basin to reduce the sediment load on the West 32nd Street Detention Basin. Suggested Disposition: Receive and File; Approve 13. Hartig Drug Company Communication from James A. and Victor J. Helling, Artistic Cleaners, Inc., advising that they are not opposed to Hartig Drug Company's proposed request to lease a portion of the City-owned alley behind 157 Locust Street to make the alley "one" way. Suggested Disposition: Receive and File 3 14. National Association of Schools of Public Affairs and Administration Evaluator City Manager request to participate as a National Association of Schools of Public Affairs and Administration Evaluator. Suggested Disposition: Receive and File; Approve 15. Business Licenses RESOLUTION Granting the issuance of a Class "B" Beer Permit to UAW Local #94 RESOLUTION Granting the issuance of Class "C" Beer/Liquor License to Breezers Pub and Las Margaritas; and Class "B" Wine License to Dubuque Religious Center Suggested Disposition: Adopt Resolutions ITEM TO BE SET FOR PUBLIC HEARING 1. Vacating Petition - Block 5 of River Front Subdivision No.3 City Manager recommending that a public hearing be set for January 17, 2006 to consider a request from Eric L. Lucas, representing United Parcel Service, to vacate a portion of Kerper Boulevard that abuts the existing UPS facility at 2550 Kerper Boulevard. RESOLUTION Of intent to vacate and dispose of City interest in Lot 1 B, Block 5, River Front Subdivision NO.3 in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 1/17/06 4 PUBLIC HEARING SUSPEND THE RULES 1. River Pointe Development, LLC - Request to Rezone (Public Hearing Recessed at December 19, 200 Meeting / First Reading on December 19, 2005) Communication from George Murphy, Project Manager for River Pointe Development, LLC, requesting that the second reading for the River Pointe PUD be tabled to the City Council meeting ofTuesday, January 17, 2006. City Manager submitting questions of the Council that were sent to Mr. Spiegel for response at the January 3, 2006 public hearing . Letter to A.J. Spiegel . Questions from Mayor Buol . Questions from Council Member Michalski . Questions from Council Member Braig . Questions from Council Member Cline . Questions from Council Member Connors . Questions from former Council Member Nicholson . Questions from former Council Member Markham . Questions from City staff Communication from Sister Margaret Ann Willging, OSF, regarding the River Pointe Development, LLC project. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 600 Mazzuchelli Drive from R-2 Two-Family Residential District to PUD Planned Unit Development District with a PR Planned Residential District designation and adopting a Conceptual Development Plan with conditions Suggested Disposition: Receive and File; Table to 1/17/06; Concur with Denial; or Motion B; Motion A REINSTATE THE RULES 5 ACTION ITEMS 1. Establishment of Fair Market Value Communication from Attorney Allan J. Carew, representing Mr. and Mrs. John Gartner, requesting that the City Council terminate its efforts to force the Gartner's to permit the lift station on and across their property in the County. Communication from Corporation Counsel Barry A. Lindahl in response to Attorney Allen J. Carew's letter. City Manager recommending approval of establishment of the fair market value for an easement for a sanitary sewer lift station on the John and Pamela Gartner property. RESOLUTION Establishing fair market value for the acquisition of an easement for a sanitary sewer lift station on real property owned by John P. and Pamela J. Gartner in the County of Dubuque, Iowa for servicing Arbor Estates and surrounding areas Suggested Disposition: Receive and File; Adopt Resolution 2. Dell Street - Request for Parking Removal City Manager recommending approval of the removal of parking on the east side of Dell Street across from the angle parking, as well as the already-restricted portion adjacent to a retaining wall as requested by the Police Department. ORDINANCE Amending Section 32-262(d) of the Code of Ordinances of the City of Dubuque, Iowa, prohibiting parking on designated streets or portions thereof by adding a portion of Dell Street Suggested Disposition: Receive and File; Motion B; Motion A 3. Merz Street and Althauser Street - Request for Stop Signs City Manager recommending approval of the installation of stop signs on Merz Street at its intersection with Althauser Street. ORDINANCE Amending the Code of Ordinances of the City of Dubuque, Iowa, by modifying Subsection (b) of Section 32-214 thereof providing for the addition of stop signs on Merz Street at Althauser Street Suggested Disposition: Receive and File; Motion B; Motion A 4. City Council Meeting Date City Manager requesting that the regularly scheduled City Council meeting of Monday, July 3, 2006 be changed to Wednesday, July 5, 2006. ORDINANCE Providing that the first regular meeting of the City Council in July 2006 shall be July 5, 2006 Suggested Disposition: Receive and File; Motion B; Motion A 6 . 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. Jeanne F. Schneider 12/29/05 7