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4 4 05 Skeleton Sheet . . . '7' CITY COUNCIL REGULAR SESSION, ~1. 2005 COUNCIL MET IN ~L ~ESSION AT 6:30 P.M. IN T~E LIBRARY AUDITORIUM PRESENT: MAYO~~, COUNCIL MEMBERS aOOL, CL1NE, CONNORS, MAR'91AM, MIC11ALSK1, N1CHpLSON CITY MANAGER V AN..MILLlGEN; CORPORATION COUNS~ LINDAHL ABSENT: INVOCATION: Reverend Judy Wadding, United Methodist Minister ,,;;;~u/G /lj '1, j,~l . ~ Ii " '1' ,','V" tiC.' ,e<' I (l, ~ // ! .It) ~iJ . ,I:I /' . / ,{ ,(\ )tJ ,\A\J \If \ r\~' \.\\.~~) ~J , C\ \;' , "1!. ,J . AJes Nays '/ Markham / " Michalski I, @Nicholson / (~) Suol / ,Cline / Connors Duggan / }, ; nf'l ,ffft} /J IV .P11 ?~ / ~ ,~ . CONSENT ITEMS 1. Minutes and Reports Submitted Arts and Cultural Affairs Advisory Commission of 2/22; City Council of 3/21; Five Flags Commission of 2/21; Housing Commission of 2/22; Housing Commission Trust Fund Committee of 3fl; Long Range Planning Advisory Commission of 3/16; Mechanical Board of 3/16; Park and Recreation Commission of 3/8; Transit Board of Trustees of 3/10 Library Board of Trustees Update from the meeting of February 24,2005 . Proofs of publication of City Council proceedings of February 15 and 16, March 7 and 8, 2005 and Governing Board of the Municipal Housing Agency proceedings of March 8, 2005 Suggested Disposition: Receive and File 2. Notice of Claims/Sui1s Washington Mutual Bank, F.A. vs. City of Dubuque, et al Suggested Disposition: Receive and File; Refer to Legal for Investigation/Report Ayes Nays Markham Michalski Nicholson Suol Cline Connors Duggan . 2 . Dubuque Golf and Country Club Request of Dubuque Golf and Country Club to display fireworks on July 4, 2005 on the Dubuque Golf and Country Club grounds. Suggested Disposition: Receive and File; Approve 4. Consultant Agreement for Update of Zoning and Subdivision Ordinances City Manager recommending approval of the professional services agreement between the City of Dubuque and Lane Kendig, Inc., to prepare a comprehensive update of the City's Zoning and Subdivision Ordinances. 3. 6. Suggested Disposition: Receive and File; Approve 5. Community Development Block Grant (CDBG) Program Communication from the Historic Preservation Commission applauding the City Council for continued support of the Community Development Block Grant (CDBG) Program. Suggested Disposition: Receive and File Police Patrol Remodeling Project City Manager recommending acceptance of the Police Patrol Remodeling Project as completed by Stumpf Construction and All-Systems in the final contract amount of $109,686.44. RESOLUTION / ~ -ClS Accepting improvement RESOLUTION / Cl /. 05 Approving final contract amount . J LI /n"J V i' J;1I' 1 rJ' , L ) ft/"' / If I lD, ,ijl! , ) ,/f Jilt J ^~' I~~ A'!J8 Nays!, ,r: 1 jf f: V" Of I f,C)'c~:~~ pr!, 1/ P/l,) -,: / ~fl. ~" jl / Nicholson )I}, VffiP' I ;: / Buol ~ !,JJ ,i /" ,Cline / f , 'I}' :/ I/i ~onnors /)jl'i[fl A, ' " Duggan /l' , 1// I) 1 j/f/1 I _ J /fJ //Vf 1,1 , 'kIf, ,ff /1 J ~f / Suggested Disposition: Receive and File; Adopt Resolutions . 3 . 7. Voluntary Annexation of Territory Corporation Counsel recommending re-approval of the application for voluntary annexation of approximately forty acres of territory owned by Joel Callahan. RESOLUTION /~;? -cJ S Re-approving the application for the voluntary annexation of territory owned by Callahan Construction, Inc. Suggested Disposition: Receive and File; Adopt Resolution 8. Development Agreement for North Grandview Estates City Manager recommending approval of a Development Agreement with Richard Henkel and Sandra Williams for development of affordable single-family housing in North Grandview Estates. Suggested Disposition: Receive and File; Approve 9. Operating Engineer's Union Petition City Manager recommending approval of a petition from the Operating Engineer's Union to amend their bargaining unit to exclude certain classifications. Suggested Disposition: Receive and File; Approve Mediacom MMC Iowa, LLC (Mediacom) submitting the formal renewal proposal in response to the City's Request for Renewal Proposal. . 10. Suggested Disposition: Receive and File; Refer to City Manager 11. Civil Service Commission Civil Service Commission submitting the certified list for the position of Traffic Signal Technician II. Suggested Disposition: Receive and File; Make a Matter of Record Ayes Nays Markham Michalski Nicholson Buol Cline Connors Duggan . 4 . 12. . . Legislative Correspondence City Manager correspondence to State legislators regarding a possible ten-year state sales tax exemption and requesting support for an amendment to the proposed legislation allowing use of the sales tax rebate for newly established businesses in Enterprise Zones. Suggested Disposition: Receive and File; Approve 13. City of Asbury Communication from Richard Anderson, Mayor of Asbury, requesting City Council cooperation for an intersection change at Asbury Road and Seippel Road from a two- way stop to a four-way stop and a decrease in the speed limit from 45 mph to 35 mph. Suggested Disposition: Receive and File; Refer to City Manager 14. Housing Trust Fund - Gateways to Home City Manager recommending approval of a $30,000 grant to Gateways to Home (the local community Housing Development Organization) to purchase the former Washington Neighborhood Center at 382 East 21st Street for renovation and conversion to rental units. Suggested Disposition: Receive and File; Approve 15. McAleece Concession Operation City Manager recommending approval to create seasonal positions to allow the City to operate the concession stand at the McAleece Park and Recreation Complex. Suggested Disposition: Receive and File; Approve Ayes Nays Markham Michalski Nicholson Buol Cline Connors Duggan 5 . 16. . . 17. Lease Agreemen1s - Dubuque Racing Association and Dubuque Casino Hotel, LLC City Manager recommending approval of a First Amendment to the Amended and Restated Lease Agreement between the City and the Dubuque Racing Association and the Second Amendment to the Lease Agreement between the City and Dubuque Casino Hotel, LLC to add a legal description for the footprint of the hotel. Suggested Disposition: Receive and File; Approve Grand River Center Bid Package #3 Project City Manager recommending acceptance of the Grand River Center Bid Package #3 Project as completed by JP Cullen and Sons in the final contract amount of $24,228,119. RESOLUTION / C9- .5 . CJ 5 RESOLUTION / .;:; ~; CJ:5' I oVJ la~ Accepting improvement Approving final contract amount Suggested Disposition: Receive and File; Adopt Resolutions 685 West 3200 Street - Purchase of Property City Manager recommending approval to purchase a residential dwelling located at 685 West 32nd Street as part of the acquisition program associated with expansion of the West 32nd Street Detention Basin. 18. RESOLUTION / ~ - d5 Approving the acquisition of real estate located at 685 West 32nd Street in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays Markham Michalski Nicholson Buol Cline Connors Duggan 6 . . . 19. 20. General Obligation Bond Issue - Series 2005A City Manager recommending approval of the final action necessary for the issuance of the General Obligation Bonds - Series 2005A in support of stormwater projects. RESOLUTION / d '7 . 0 .:J- Appointing Wells Fargo Bank, National Association of Des Moines, Iowa, to serve as Paying Agent, Bond Registrar, and Transfer Agent and approving the Paying Agent and Bond Registrar and Transfer Agent Agreement and authorizing the execution of the Agreement - 2005A -- RESOLUTION / c9- 5, t1 S Authorizing and providing for the issuance of $1,750,000 General Obligation Bonds, Series 2005A, and levying a tax to pay said bonds Suggested Disposition: Receive and File; Adopt Resolutions General Obligation Urban Renewal Bonds - Series 2005B City Manager recommending approval of the final action necessary for the issuance of the General Obligation Urban Renewal Bonds - Series 2005B for projects in the Dubuque Industrial Center West. RESOLUTION / d 1" tJ!F Appointing Wells Fargo Bank, National Association of Des Moines, Iowa, to serve as Paying Agent, Bond Registrar, and Transfer Agent and approving the Paying Agent and Bond Registrar and Transfer Agent Agreement and authorizing the execution of the Agreement - 2005B RESOLUTION / pC) ~ LJ tJ- Authorizing and providing for the issuance of $4,270,000 General Obligation Urban Renewal Bonds, Series 2005B, and levying a tax to pay said bonds Suggested Disposition: Receive and File; Adopt Resolutions Ayes Nays Markham Michalski Nicholson Buol Cline Connors Duggan 7 . . . 21. General Obligation Urban Renewal Taxable Bond Issue - Series 2005C City Manager recommending approval of the final action necessary for the issuance of the General Obligation Urban Renewal Taxable Bonds - Series 2005C for projects in the Dubuque Industrial Center West. RESOLUTION 6/ - tJ 5' Appointing Wells Fargo Bank, National Association of Des Moines, Iowa, to serve as Paying Agent, Bond Registrar, and Transfer Agent and approving the Paying Agent and Bond Registrar and Transfer Agent Agreement and authorizing the execution of the Agreement RESOLUTION / 3c3 ~ tJ:? Authorizing and providing for the issuance of $2,995,000 General Obligation Bonds, Taxable Series 2005C, and levying a tax to pay said bonds Suggested Disposition: Receive and File; Adopt Resolutions 22. Mediacom Annual Report Mediacom submitting their 2004 Annual Report. Suggested Disposition: Receive and File 23. Citizen Communication Communication from Sarah and Roger Poling expressing concerns about a possible new road between 1615 Born Avenue and 1595 Born Avenue. Suggested Disposition: Receive and File; Refer to City Manager f-.' I)' 1/1 !.)l ,rY / r~ r\ · , l') \ ; J-" \ j /)}JIV/ J} / ,1jV;;1(. if) ,/ r ~ r. i .,11, r!8 Aye~ Nays / Markham ~. ichalski / -" icholson I Buol /.' Cline / . Connors /' Duggan ;1~ )f"j / 8 . 24. Printing and Mailing of Utility Bills City Manager recommending discontinuing the use of an outside service for the printing and mailing of utility bills. Suggested Disposition: Receive and File; Approve 25. Computer System Upgrade City Manager recommending approval of the purchase of the Miscellaneous Receivable Module for the Sungard Pentamation computer system upgrade. Suggested Disposition: Receive and File; Approve 26. Request to Purchase City-Owned Property Communication from Richard J. Hartig, Grandview - University, LLC, requesting to purchase a portion of a City street and alley abutting properties located on Stewart Street. Suggested Disposition: Receive and File; Refer to City Manager 27. Business License Refund Request of the Dubuque Inn Corporation for a refund of their cigarette license in the amount of $25.00. . Suggested Disposition: Receive and File; Approve Refund 28. Business Licenses RESOLUTION /. '7:5 ., c:;5 Granting the issuance of a Class "B" Beer (6 Months) Permit to McAleece Park/Recreation Complex; and Class "C" Beer Permit to 16th Street Auto Truck Plaza, Plaza 20 Amoco, and Paro Food Mart RESOLUTION /...3 s/ ,. tJe7 Granting the issuance of a Class "C" Beer/Liquor License to Copper Kettle, Olive Garden Restaurant, Loras College and Whiskey River; Class "B" Wine Permit to Carroll's Wine Company; and Class 'WBN" Native Wine to National Mississippi River Museum Suggested Disposition: Adopt Resolutions Ayes Nays Markham Michalski Nicholson Buol Cline . Connors Duggan 9 . . . 29. Acquisition of Property Corporation Counsel recommending approval of the acceptance of the deed to certain real estate from Terrence J. and Linda M. Weidemann. / .:35-05 RESOLUTION Accepting the deed to certain real estate in Dubuque County, Iowa from Terrence J. and Linda M. Weidemann Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays Markham Michalski Nicholson Buol Cline Connors Duggan 10 . . 1. . ITEMS TO BE SET FOR PUBLIC HEARING 1. 2. 3. 2005 Asphalt Paving Project - May 2, 2005 Fiscal Year 2006 Guardrail Replacement Program - May 2, 2005 Sixth and Seventh Street Reconstruction and Washington Park Renovation Project - May 2, 2005 City Hall - Third Floor Structural Repair Project - May 16, 2005 4. Nays Markham Michalski Nicholson ,Buol lMCline (?~onnors . Duggan !yes / / / / / / 2005 Asphalt Paving Project City Manager recommending initiation of the bidding process for the 2005 Asphalt Paving Project and setting a public hearing for May 2, 2005. RESOLUTION / ~ 6 .. c? 5' Preliminary approval of plans and specifications RESOLUTION / 37" 05 RESOLUTION /:3 g. CJ:f Fixing date of hearing on plans and specifications Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 5/2/05 2. Fiscal Year 2006 Guardrail Replacement Program City Manager recommending initiation of the bidding process for the Fiscal Year 2006 Guardrail Replacement Program and that a public hearing be set for May 2, 2005. RESOLUTION /-39" t::J.5 Preliminary approval of plans and specifications RESOLUTION / .y V' - 05' Fixing date of hearing on plans and specifications RESOLUTION /.y /', CJ.5' Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 5/2105 10 . . . 3. Sixth and Seventh Street Reconstruction and Washington Park Renovation Project City Manager recommending initiation of the bidding process for the Sixth and Seventh Street Reconstruction and Washington Park Renovation Project and that a public hearing be set for May 2, 2005. Communication from the Historic Preservation Commission generally in support of the project and requesting certain modifications to the plans and specifications prior to bidding the project. RESOLUTION / ~;? &5 Preliminary approval of plans and specifications RESOLUTION /.y:3 ~ C15 Fixing date of hearing on plans and specifications RESOLUTION / ~ ~ " Cl5 Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 5/2105 4. City Hall - Third Floor Structural Repair Project City Manager recommending initiation of the bidding process for the City Hall - Third Floor Structural Repair Project and that a public hearing be set for May 16, 2005. RESOLUTION / ~ 5~ d 5'" Preliminary approval of plans and specifications RESOLUTION _ / ~ 6, CJ 5' Fixing date of hearing on plans and specifications RESOLUTION / ~7 .... ~ 6- Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 5/16/05 Ayes Nays Markham Michalski Nicholson Buol Cline Connors Duggan 11 . . . PUBLIC HEARINGS SUSPEND THE RULES Aye~. Nays / Markham / Michalski / . Nicholson ;' Buol I Cline / Connors / Duggan Marshall Park Rest Room Project Proofs of publication on notice of hearing on plans and specifications and notice to bidders on the receipt of bids, and City Manager recommending award of the contract for the Marshall Park Rest Room Project to Kluck Construction Company in the amount of $130,585.23. RESOLUTION 1. RESOLUTION /~y.tPb- IY!'- tJ 5" Adopting plans and specifications for the project Awarding contract to Kluck Construction Company Suggested Disposition: Receive and File; Adopt Resolutions 12 v Nays Markham Michalski ~icholson uol 1) Cline - Connors Duggan Ayes // / ~ / / . . . 2. Dubuque Industrial Center West Third Addition/Contract A Mass Grading Project Proofs of publication on notice of hearing on plans and specifications and notice to bidders on the receipt of bids, and City Manager recommending award of the Dubuque Industrial Center West Third Addition/Contract A Mass Grading Project to W.C. Stewart Construction, in the amount of $3,092,815.32 RESOLUTION /6CJ"'" ~ '5 Adopting plans and specifications for the project RESOLUTION /..:5 ./ - 0 ~ Awarding contract to W.C. Stewart Construction Suggested Disposition: Receive and File; Adopt Resolutions Nays Markham Michalski Nicholson I / Buol / Q Cline /' ~onnors / Duggan A,yes ,/ / / REINSTATE THE RULES Nays Markham MMichalski ,/ Nicholson 1) Buol - Cline Connors Duggan /(Ayes / / / / / / / 13 . . . ACTION ITEMS Request to Speak Communication from Lois Bublitz and Dianna Stonskas requesting to address the Council regarding the City's denial of their claims for damages related to a water main break. 1. City Manager submitting information regarding the claims of Lois Bublitz and Dianna Stonskas. AY'S Nays '/ Markham )~ichalski / (9~icholson / " Buol / ,()Cline / " Connors / Duggan , fV\ 1/ { i9 f" fiif Suggested Disposition: Receive and File; Council . p~ )~)rl~ ~ /1'/1' / I;) f\ ,/ y> }:/ '\ / liP I; ') f P If- ~ {I ) (11 j or/' Jll~Jji / I UifJ II r 1/ ill' .)) , ;)11) / (I- II (\ 1/; JJ' " I} /1 ~ Ayes Nays Markham Michalski Nicholson Buol Cline Connors Duggan 14 . 2. . . Antique Fire Club City Manager recommending approval of the disposal of a 1969 American LaFrance fire engine by the Antique Fire Club and exploration of the restoration and funding of a 1948 Seagrave Tiller fire truck. Suggested Disposition: Receive and File; Approve ~yes Nays ./ Markham / . Michalski 'II ~icholson L'i Buol ~. fJg~~~ors / Duggan 3. Fiscal Year 2006 Budget Submission for Five Flags Civic Center by SMG City Manager recommending approval of the Fiscal Year 2006 operating budget for Five Flags Civic Center as submitted by SMG. Suggested Disposition: Receive and File; Approve Aye,-) Nays "/ l!1 Markham / Michalski / Nicholson / ,GBuol / L~line / Connors / Duggan 15 . . . 4. Non-Motorized Vehicle Ordinance City Manager recommending approval of an amendment to Chapter 46 of the Code of Ordinances to allow for the use of non-motorized vehicles in certain areas in the downtown district. ORDINANCE ~ .., t.P b Amending the City of Dubuque Code of Ordinances Chapter 46, Vehicles for Hire and Public Transportation, by adding a new Article I, Public Transportation by Non-Motorized Vehicles, providing for the licensing and operation of non-motorized vehicles Suggested Disposition: Receive and File; Motion B; Motion A Ayes Nays .' Markham ) ,< . Michalski / ;/; (..) .... I,MNicholson / (l)Buol / . . Cline / Connors / Duggan Ayes Nays / Markham / Michalski I,. (~Nicholson /. 1(; Buol / (lI Cline / Connors / Duggan J/ /)/1 r 16 . . . 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)O) 2003 Code of Iowa Collective Bargaining Strategy -Iowa Code Chapter 20.17(3) Motion to go into Closed Session at -?/() Aye~, Nays / ," '/ ,~arkham / . Michalski _ Nicholson / ()BUOI //" ' Cline Connors /' Duggan Motion to adjourn at 7,' ~,;z Ayes Nays Markham Michalski Nicholson Buol Cline Connors Duggan 17