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5 2 05 Agenda with icons CITY OF DUBUQUE, IOWA CITY COUNCil MEETING 6:30 P.M. LIBRARY AUDITORIUM MONDAY, MAY 2, 2005 INVOCATION Dr. Alan Crandall, Campus Chaplain, University of Dubuque SWEARING IN OF MAYOR PRO-TEM JOYCE CONNORS PROCLAMATIONS Bike Safety Month (May, 2005) Mental Health Month (May, 2005) Nurses' Week (May 1 - 7, 2005) Public Service Recognition Week (May 2 - 8, 2005) ~ ~ ~ ~.". ~ Bike Safety Mental Health Month Nurses' Week Public Service Errployees PRESENTATION Presentation of the Main Street Iowa Award 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 Arts and Cultural Affairs Advisory Commission of 3/22; City Council of 4/18; Housing Commission of 3/22; Library Board of 2/24 and 3/24; Proof of publication of City Council Proceedings of April 4, 2005 (On file in City Clerk's Office) Library Board of Trustees Update from the Meeting of March 24, 2005 City Council Proceedings of February, 2005 Suggested Disposition: Receive and File; Approve as Printed ~ ~ ~ ~ ;,;%:t -c:c:cc~__, . ~ fi@J ~ Arts Commission City Council Housing Library of 2/24 Library of 3/24 Library Update ~ Proceedings 2. Notice of Claims/Suits Stephanie Bauer for vehicle damage; Diane Hoffman for personal injury; Tara Puccio for personal injury 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: Diane Hoffman for personal injury; Tara Puccio for personal injury Corporation Counsel recommending denial of the claim of Stephanie Bauer for vehicle damage. Suggested Disposition: Receive and File; Concur Claims - ICAP Claim - Denied 3. Hillcrest Family Services Letter of support for the efforts of Hillcrest Family Services to secure renewal funding from HUD to continue to provide transitional housing and supportive services to homeless families in Dubuque. Suggested Disposition: Receive and File; Approve Bf!j Hillcrest Ltr 4. Legislative Correspondence Communication to area legislators encouraging a no vote on HF 847, a property tax limitation bill. Suggested Disposition: Receive and File; Approve ~ HF 847 2 5. Dubuque Casino Hotel City Manager recommending approval of the first amendment to the Parking Use Agreement between the Dubuque Casino Hotel, the Dubuque Racing Association and the City. Suggested Disposition: Receive and File; Approve ~ LiJ .. .. Hotel - MVM Merro Hotel- BAL Ur First Arrendrrent Hotel - Exhibit A Hotel- Exhibit AA 6. Area Residential Care, Inc. Communication from Jon Romaine, Executive Director of Area Residential Care, Inc., requesting that the street parking in front of their business office at 1170 Roosevelt Street Extension be designated a two-hour maximum parking zone. Suggested Disposition: Receive and File; Refer to City Manager ARC Ur 7. Operating Engineer's Union - Petition for Bargaining Unit Amendment City Manager recommending approval of the Stipulation of Bargaining Unit as Amended to include the classification of Account Clerk I. Suggested Disposition: Receive and File; Approve ~ L.J fi[j" ~ ...;^....-}.-...-. ~ ~ .. Arrendrrent - MVM Merro Arrendrrent - Staff Merro Bargaining Unit Arrendrrent 8. City of Sageville Annexations Communication from John D. Freund, on behalf of the City of Sageville, forwarding a Notice of Annexation Applications and Public Hearing on Voluntary Annexation Requests regarding territory to be annexed into the City of Sageville. Suggested Disposition: Receive and File; Refer to City Manager fll Annexation Ur Annexation - Exhibits 3 9. Sanitary Sewer Replacement Agreement - 1195 Thomas Place City Manager recommending approval of an extension of an agreement with the owner of a single-family home at 1195 Thomas Place for purposes of installation of a sanitary sewer system. Suggested Disposition: Receive and File; Approve ~ ~ .. Thomas Place - MVM Merro Thomas Place - Staff Merro Thomas Place - Owner Request Thomas Place - Agreement 10. Purchase of Property at 514 Lincoln Street City Manager recommending approval of the purchase of property at 514 Lincoln Street as part of the acquisition program associated with the Bee Branch Creek Restoration Project. RESOLUTION Approving the acquisition of real estate located at 514 Lincoln Avenue in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution ~ ~........'..'..'. LiJ ~ L:j 514 Uncoln - MVM Merro 514 Uncoln - Staff Merro 514 Uncoln - Resolution 11. Family Self-Sufficiency (FSS) and Homeownership Program Coordinators City Manager recommending approval of an application to the US Department of Housing and Urban Development (HUD) for funds to renew the current Family Self- Sufficiency Program Coordinator position and for funding to contract with Iowa State Extension for services to promote homeownership opportunities for Section 8 Program families. Suggested Disposition: Receive and File; Approve ~ ~ FSS - MVM Merro FSS - Staff Merro 12. Iowa Department of Natural Resources Communication from the Iowa Department of Natural Resources advising that the City failed to report two bypasses that occurred on April 4,2005. City Manager communication regarding the violation of the notification requirement to the Iowa Department of Natural Resources on sewer overflows. Suggested Disposition: Receive and File; Refer to City Manager 4 Ii IDNR Ur ~c Z:~ :::;",,::~: IDNR - MVM Merro IDNR - Staff Merros 13. Drug Awareness Resistance Education (DARE) Contract City Manager recommending approval of a Drug Awareness Resistance Education (DARE) Contract between the City of Dubuque, the Dubuque Community Schools and the Holy Family Catholic Schools. Suggested Disposition: Receive and File; Approve ~ ~' 'c' ;': ~ DARE - MVM Merro DARE - Staff Merro DARE Contract 14. Memorandum of Understanding (MOU) with the Iowa Department of Public Health City Manager recommending approval of a Memorandum of Understanding with the Iowa Department of Public Health for encephalitis monitoring-related activities. Suggested Disposition: Receive and File; Approve ~ ~ ~ MOU - MVM Merro MOU - Staff Merro Merrorandum of Understanding 15. Quarterly Investment Report City Manager submitting the March 31,2005 Quarterly Investment Report. Suggested Disposition: Receive and File ~ ~ ~ ~ ~ ~ ~ ~ fKi) ~ Report - MVM Merro Report - Staff Merro Earnings Summary Schedule of City Investrrent Summary Certificates of Funds Report Deposit 16. Railroad Real Estate Property Acquisition Agreement City Manager recommending approval of a Railroad Real Estate Property Acquisition Agreement with the Chicago, Central and Pacific Railroad Company to acquire railroad property in the Port of Dubuque. RESOLUTION Approving Railroad Real Estate Sale Contract between the City of Dubuque (City) and the Chicago, Central and Pacific Railroad Company for the purpose of acquiring property to complete public roadway improvements Suggested Disposition: Receive and File; Adopt Resolution 5 ~ ~ ~ Pi: Railroad - MVM Merro Railroad - Staff Railroad - Resolution Railroad - VICinity Rail Property Mgrrt Real Estate Sale Merro Map Ur Contract 17. Shot Tower Rehabilitation Project City Manager recommending approval of the selection of Hasbrouck Peterson Zimoch Sirirattumrong (HPZS) as the consultant for the Shot Tower Rehabilitation Project. Suggested Disposition: Receive and File; Approve r[J ~...........L... L=u Shot Tower - MVM Memo Shot Tower - Staff Merro HPZS Proposal Consultant Approvals 18. Dubuque Heritage Trail Expansion - Iowa 32 (Northwest Arterial) City Manager recommending approval of the submission of an application for Federal Recreational Trail Funding to the Iowa Department of Transportation for the Dubuque Heritage Trail Expansion - Iowa 32 (Northwest Arterial) bike/hike trail project. Suggested Disposition: Receive and File; Approve ~ ~ l'@J Trail - MVM Merro Trail- Staff Merro Trail- Grant Application Trails - Location Maps 19. Dubuque Drug Task Force Communication from David Patton regarding the issue of the Dubuque Community School Board's decision to not allow the Dubuque Drug Task Force to inspect school premises. Suggested Disposition: Receive and File fJj Patton Ur 20. Vision Iowa Agreement Amendment City Manager recommending approval of an Amendment Agreement regarding the modification of the completion date of certain projects previously approved for extension. Suggested Disposition: Receive and File; Approve ~ ~f... ,,:~lL.. n.. ~ ~ ~ Vision Iowa - MVM Memo Agreement Amendment Agreement - Redlined Vision Iowa Extension Ltr 6 21. Horseshoe Courts Renovation City Manager recommending, at the request of the Horseshoe Pitchers' Association, that renovation of the horseshoe courts at Flora Park be completed in Fiscal Year 2006 prior to an upcoming horseshoe competition in Dubuque. Suggested Disposition: Receive and File; Approve ~ Horseshoe - MVM Merro 22. Business Licenses RESOLUTION Granting the issuance of a Class "B" Beer Permit (5 Day Special Event) to Dubuque Jaycees (Main StreetfTown Clock Plaza and Tents A, B and C) RESOLUTION Granting the issuance of a Class "C" Beer/Liquor License to Corner Tap, Charhouse Restaurant, Big Daddy's Pup, Tott's Tap, and Dempsey's/Molly's Pub and Grub; and Class "B" Wine to Beecher Beverage Suggested Disposition: Adopt Resolutions ~ ~ 5 Resolution # 1 Resolution #2 Police Reports ITEMS TO BE SET FOR PUBLIC HEARING 1. Lindberg Terrace and Eagle Street Sanitary Sewer Extension - Initiate City Manager recommending initiation of the Lindberg Terrace and Eagle Street Sanitary Sewer Extension Project and that a public hearing be set for June 6, 2005. RESOLUTION Preliminary approval of plans and specifications RESOLUTION Setting date of hearing on plans and specifications RESOLUTION Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 6/6/05 ~ ~ ~ Undberg - MVM Merro Undberg - Staff Merro Undberg - Resolutions 7 2. Asbury Road Sidewalk Installation Project - Initiate City Manager recommending initiation of the Asbury Road Sidewalk Installation Project and that a public hearing be set for June 6, 2005. RESOLUTION Preliminary approval of plans and specifications RESOLUTION Setting date of hearing on plans and specifications RESOLUTION Of Necessity RESOLUTION Fixing date of hearing on Resolution of Necessity RESOLUTION Approving preliminary schedule of assessments RESOLUTION Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 6/6/05 ~ ~ u ~ u ~ Prelininary Assessments Sidewalk - MVM Merro Sidewalk - Staff Merro Sidewa Ik - Resolutions 3. Water Works Park Development (Phase I) Project - Initiate City Manager recommending initiation of the Water Works Park Development (Phase I) Project and that a public hearing be set for June 6, 2005. RESOLUTION Preliminary approval of plans and specifications RESOLUTION Setting date of hearing on plans and specifications RESOLUTION Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 6/6/05 ~ U ~ ~ Water Works Park - MVM Merro Water Works Park - Staff Merro Water Works Park - Resolutions Water Works Park - Site Plan 8 4. Gateway Landscaping Project - Initiate City Manager recommending initiation of the Fifth Street and Locust Street Gateway Landscaping Project and that a public hearing be set for June 6, 2005. RESOLUTION Preliminary approval of plans and specifications RESOLUTION Setting date of hearing on plans and specifications RESOLUTION Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 6/6/05 B[J ~ L:J ~ tit tit Gateways - MVM Merro Gateways - Staff Merro Gateways - Resolutions Gateways - Site Plan Gateways - Drawings 5. Pyatigorsk Park Development Project - Initiate City Manager recommending initiation of the Pyatigorsk Park Development Project and that a public hearing be set for June 6, 2005. RESOLUTION Preliminary approval of plans and specifications RESOLUTION Setting date of hearing on plans and specifications RESOLUTION Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 6/6/05 ~ ~ ~ Pyatigorsk Park - MVM Merro Pyatigorsk - Staff Merro Pyatigorsk - Resolutions Pyatigorsk Park - Site Plan BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Boards/Commissions: Civil Service Commission (Mayor Appointment - One four-year term through 4/6/09 - Term of Duehr) Applicant: Merle J. Duehr, Jr. Mechanical Code Board (Two three-year terms through 3/15/08 - Terms of Giese and Grothe) Applicants: David Cleek, Tom W. Giese, David W. Grothe, Sean O'Malley 9 ~ ~ iii Bd and COI'lTl1 Ust Overview Sheet Civil Service Application Mechanical Bd Applications PUBLIC HEARINGS SUSPEND THE RULES 1. MCC Iowa, LLC (Mediacom) - Cable Franchise Agreement Proof of publication on notice of hearing to consider adoption of a Cable Franchise Agreement and disposing of an interest in real property owned by the City to MCC Iowa, LLC by lease agreement and City Manager recommending approval. ORDINANCE Approving a Cable Franchise Agreement between the City of Dubuque, Iowa and MCC Iowa, LLC granting a nonexclusive franchise to MCC Iowa, LLC to construct, operate, maintain, update and reconstruct a cable television system ~ ~ Franchise Ordinance Cable Franchise Agreerrent I-Net Site Ust ORDINANCE Approving Cable Right-of-Way Ordinance ~ Right of Way Ordinance RESOLUTION Disposing of an interest in real property owned by the City of Dubuque by lease agreement between the City of Dubuque, Iowa and MCC Iowa, LLC ~ ~Li ,"'-~>: .~m Lease - Resolution Cable Lease Agreerrent Exhibit A to Lease Agr Suggested Disposition: Receive and File; Motion B; Motion A; Adopt Resolution ~ Franchise - MVM Merro Material from April 18, 2005 Meeting ~ ~ ~ ~.........'........ EJ Franchise - MVM Merro Franchise - Staff Merro Surrrrary of Renewal Procedures for VIOlations 10 Communication from MCC Iowa, LLC submitting Franchise Agreement, advising of the creation of the Cultural Affairs Charitable Foundation of Dubuque, Inc. and approval of Lease Agreement (with Draft Form of Commitment Letter, Articles of Incorporation and Bylaws). Communication from Charles F. King, Mediacom Communications Corporation, expressing gratitude for the opportunity to continue to serve the community. ~ ~ L::J ~ ra ra Mediacom Ltr Dubuque Foundation Dubuque Foundation Signature Page Form of Corrrritrrent Mediacom - King Ltr AOl By-Laws Ltr ~ ~ Cable - Resolution #2 Cable Lease Agreerrent Exhibit A to Lease Agr 2. Five Flags Renovation Project Proof of publication on notice of hearing and City Manager recommending award of the contract for the Five Flags Renovation Project to Conlon Construction Company in the amount of $1,605,494. RESOLUTION Adopting plans and specifications RESOLUTION Awarding contract to Conlon Construction Suggested Disposition: Receive and File; Adopt Resolutions ~.......w......! L::J ~ ~ 't.,; :,...;:JT. Renovation - MVM Merro Renovation - Staff Merro Renovation - Resolutions Material from March 21, 2005 Meeting ~ ~ ~ ~ Renovation - MVM Memo Renovation - Staff Memo Renovation - Resolutions 3. Five Flags Bleacher Replacement Project Proof of publication on notice of hearing and City Manager recommending award of the contract for the Five Flags Bleacher Renovation Project to Iowa Direct Equipment and Appraisal, L.C. in the amount of $354,950. RESOLUTION Adopting plans and specifications RESOLUTION Awarding contract to Iowa Direct Equipment and Appraisal, L.C. 11 Suggested Disposition: Receive and File; Adopt Resolutions ~ r[J ~ Bleachers - MVM Merro Bleachers - Staff Merro Bleachers - Resolutions Material from March 21, 2005 Meeting ~ li@) ~ Bleachers - MVM Memo Bleachers - Staff Memo Bleachers - Resolutions 4. 2005 Asphalt Paving Project Proof of publication on notice of hearing and City Manager recommending award of the contract for the 2005 Asphalt Paving Project to River City Paving, a Division of Mathy Construction Company, in the amount of $1,107,558.26. RESOLUTION Adopting plans and specifications RESOLUTION Awarding contract Suggested Disposition: Receive and File; Adopt Resolutions ~ ~ ~ fiCLbl l2J Asphalt - MVM Merro Asphalt - Staff Merro Asphalt - Resolutions Asphalt - Bid Tab Material from April 4, 2005 Meeting ~ ~ ~ Paving - MVM Merro Paving - Staff Merro Paving - Resolutions 5. Guardrail Replacement Project Proof of publication on notice of hearing and City Manager recommending award of the contract for the Guardrail Replacement Project to Pauline Company, Inc., in the amount of $54,911. RESOLUTION Adopting plans and specifications RESOLUTION Awarding contract Suggested Disposition: Receive and File; Adopt Resolutions ~ ~ ~;j ':^~~{: m^. III Guardrail - Bid Tab Guardrail - MVM Merro Guardrail - Staff Merro Guardrail - Resolutions 12 Material from April 4, 2005 Meeting IiV1}l ~ ~..........~'.'.. ~ ~ Guardrail- MVM Merro Guardrail- Staff Merro Guardrail- Resolutions 6. Sixth and Seventh Street Reconstruction and Washington Park Renovation Project Proof of publication on notice of hearing and City Manager recommending award of the contract for the Sixth and Seventh Street Reconstruction and Washington Park Renovation Project to Portzen Construction, Inc., in the amount of $782,779.76. RESOLUTION Adopting plans and specifications RESOLUTION Awarding contract to Portzen Construction, Inc. Suggested Disposition: Receive and File; Adopt Resolutions ~ ~ L:..:J 6[U ~ ~ Park - Bid Tab Park - MVM Merro Park - Staff Merro Park - Resolutions Material from April 4, 2005 Meeting ~ U 6@J ~ fi Park - MVM Memo Park - Staff Merro Park - Resolutions Park - Plan Drawing Sidewalk Pattern Street and Landscape Guidelines ~ ~ Washington Park - Washington Park - HPC Ltr Design Review 7. Fiscal Year 2005 Second Budget Amendment Proof of publication on notice of hearing to consider approval of the Fiscal Year 2005 Second Budget Amendment and City Manager recommending approval. RESOLUTION Amending Fiscal Year 2005 Second Budget Amendment Suggested Disposition: Receive and File; Adopt Resolution ~ ~ ~.~..'+'. ~ I}]Ti ,n~; i*. ; c:::j:c1:T Budget - MVM Merro Budget - Staff Merro Budget - Resolution Budget Amendment 13 Material from April 18, 2005 Meeting ~ ~ i[J ~ ~ Budget - MVM Merro Budget - Staff Merro Budget - Resolution Budget Arrendrrent REINSTATE THE RULES ACTION ITEMS 1. 1087 Cedar Cross Road - PUD Amendment (First Reading 4/18/05) ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances for the amendment of Ordinance 8-98 which adopted regulations for property located south of 1095 Cedar Cross Road as a PUD Planned Unit Development District with a PC Planned Commercial District Designation and adopting a revised Conceptual Development Plan, with conditions Suggested Disposition: Receive and File; Motion B; Motion A r[J r[J Cedar Cross - ZAC Cedar Cross - Cedar Cross - Vicinity Cedar Cross - Site Cedar Cross - Cedar Cross - Staff Ur Application Map Plan Pictures Report ~ .. . Schrridt Ur ~ Cedar Cross - Ordinance Cedar Cross - Letters Suggested Motion 2. Tobacco Compliance - Civil Penalties for Tobacco Permit Holders City Manager recommending acceptance and approval of Acknowledge/Settlement Agreements for Kwik Stop, West Locust Mart, Oky Doky Foods #1 and Jumpers Sports Bar and the assessment of $300 penalties for tobacco compliance violations and further recommending that a tobacco compliance hearing be held regarding the tobacco compliance violation by Fat Tuesday's and if the violation is sustained the attached order assessing the 15 violation civil penalty of $300 to Fat Tuesday's be issued. Suggested Disposition: Receive and File; Approve; Conduct Hearing ~ ~ ~.L. U ~ ~ ~ LSJ Tobacco - MVM Tobacco - Staff Memo Merro KWIK Stop Oky Doky Agreerrent West Locust Mart Jumpers Sports Bar Agreerrent Agreerrent Agreerrent ~ Assessing Penalty - Fat Tuesday's 14 3. Eagle Point Bluff Rock Stabilization Project City Manager recommending approval of the selection of Kleinfelder as the consultant for the Eagle Point Bluff Rock Stabilization Project. Suggested Disposition: Receive and File; Approve ~ ~ Bluff Study - MVM Merro Bluff Study - Staff Merro 4. Northend Wrecking, Inc. Communication from Roger Kunde, Northend Wrecking, Inc., requesting to purchase City-owned property located adjacent to his property. Suggested Disposition: Receive and File; Council Direction ~ Northend Wrecking Ur 5. Dubuque River Rides Lease Agreement City Manager recommending approval of a five-year lease agreement between the City of Dubuque and Dubuque River Rides. Suggested Disposition: Receive and File; Approve ~ Lease - MVM Merro Dubuque River Rides Lease Lease - Exhibit B 6. Cabela's I America's River Corporation Banner Request City Manager recommending approval of a request from Cabela's / America's River Corporation to install 38 banners on light poles on Bell Street as part of the America's River Festival scheduled from May 27 - 29, 2005. Suggested Disposition: Receive and File; Approve ~ L:2J ~ .. Cabelas - MVM Merro Banners - Staff Merro Cabela's Banner Arrerica's River Banner 15 7. Camelot Drive Stop Sign City Manager recommending approval of the installation of stop signs on Sunnyslope Drive at Camelot Drive and on Hummingbird Drive at Camelot Drive, requiring vehicles approaching Camelot to stop. 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 Sunnyslope Drive at Camelot Drive and Hummingbird Drive at Camelot Drive Suggested Disposition: Receive and File; Motion B; Motion A ~ ~ ~ L.2J ri Stop Signs - MVM Merro Stop Signs - Staff Merro Stop Signs - Ordinance Stop Signs - VICinity Map 8. National Institute of Health Resuscitation Outcomes Consortium City Manager recommending approval for the City's paramedic service to participate in a research project of the National Institutes of Health on out-of-hospital resuscitation. Suggested Disposition: Receive and File; Approve f[J ~ Consortium - MVM Merro Consortium - Staff Memo 9. Great Places Advisory Board City Manager advising that Leisure Services Manager Gil Spence has been appointed to the Great Places Advisory Board by Governor Tom Vilsack. Suggested Disposition: Receive and File 6f!J Board - MVM Merro Governor's Release 10. Bowling and Beyond Lease Agreement Communication from Arthur F. Gilloon requesting to address the City Council regarding the lease agreement between Bowling and Beyond and the City of Dubuque. City Manager submitting information on Bowling and Beyond lease negotiations. Suggested Disposition: Receive and File; Council fa ~ Gilloon Ur Lease - MVM Merro Lease - Staff Merro Lease - BaCkground Information 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)U) 2003 Code of Iowa Collective Bargaining Strategy - Chapter 20.17(3) Jeanne F. Schneider April 28, 2005 17