5 2 05 Agenda no 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)
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
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
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
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
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
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
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
2
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
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
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
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
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
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
3
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
15. Quarterly Investment Report
City Manager submitting the March 31, 2005 Quarterly Investment Report.
Suggested Disposition: Receive and File
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
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
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
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
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
4
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
22. Business Licenses
RESOLUTION Granting the issuance of a Class "B" Beer Permit (5 Day Special Event)
to Dubuque Jaycees (Main Streetrrown 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
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
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
5
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
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
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
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
6
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
ORDINANCE Approving Cable 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
Suggested Disposition: Receive and File; Motion B; Motion A; Adopt Resolution
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
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.
Suggested Disposition: Receive and File; Adopt Resolutions
7
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
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
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
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
REINSTATE THE RULES
8
ACTION ITEMS
1. 1087 Cedar Cross Road - PUD Amendment (First Reading 4118105)
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
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
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
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
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 for property in the Port of Dubuque.
Suggested Disposition: Receive and File; Approve
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
9
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
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
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
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
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)G) 2003 Code of Iowa
Collective Bargaining Strategy - Chapter 20.17(3)
Jeanne F. Schneider
April 28, 2005
10