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5 2 05 Minutes this meeting CITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Regular Session, May 2, 2005 Council met at 6:30 P.M. in the Public Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham, Michalski, Nicholson, City Manager Van Milligen and Corporation Counsel Lindahl. Mayor Duggan read the call and stated this is a regular session called for the purpose of discussing such matters which may properly come before the Council. Invocation was given by Dr. Alan Crandall, Campus Chaplain of the University of Dubuque. Mayor Duggan swore in Mayor Pro-Tem Joyce Connors. Proclamations: Bike Safety Month (May, 2005) received by Cindy Temperley of The Finley Hospital; Mental Health Month (May, 2005) received by John Curtis of the Mental Health Association; Nurses’ Week (May 1 – 7, 2005) received by Mike Johnson; Public Service Recognition Week (May 2 – 8, 2005) received by City Manager Michael Van Milligen. A presentation of the Main Street Iowa Award was made to the Council by Dan LoBianco. CONSENT ITEMS 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, upon motion received and filed. Proof of publication of City Council Proceedings of April 4, 2005 (On file in City Clerk’s Office), upon motion received and filed. Library Board of Trustees Update from the Meeting of March 24, 2005, upon motion received and filed. City Council Proceedings of February, 2005, upon motion received and filed and approved as printed. Notice of Claims/Suits: Stephanie Bauer for vehicle damage; Diane Hoffman for personal injury; Tara Puccio for personal injury, upon motion received and filed and referred to Legal for investigation. 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, upon motion received and filed and concurred. Corporation Counsel recommending denial of the claim of Stephanie Bauer for vehicle damage, upon motion received and filed and concurred. 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, upon motion received and filed and approved recommendation. 1 Legislative Correspondence: Communication to area legislators encouraging a no vote on HF 847, a property tax limitation bill, upon motion received and filed and approved recommendation. 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, upon motion received and filed and approved recommendation. 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, upon motion received and filed and referred to the City Manager. 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, upon motion received and filed. 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, upon motion received and filed and referred to the City Manager. 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, upon motion received and filed and approved recommendation. 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, upon motion received and filed. Buol moved adoption of Resolution No. 178-05 Approving the acquisition of real estate located at 514 Lincoln Avenue in the City of Dubuque. Seconded by Nicholson. Motion carried 7-0. 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, upon motion received and filed and approved recommendation. 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, upon motion received and filed and referred to the City Manager. City Manager communication regarding the violation of the notification requirement to the Iowa Department of Natural Resources on sewer overflows, upon motion received and filed. Drug Awareness Resistance Education (DARE) Contract: City Manager recommending approval of a Drug Awareness Resistance Education (DARE) Contract between the City of 2 Dubuque, the Dubuque Community Schools and the Holy Family Catholic Schools, upon motion received and filed and approved recommendation. 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, upon motion received and filed and approved recommendation. Quarterly Investment Report: City Manager submitting the March 31, 2005 Quarterly Investment Report, upon motion received and filed. 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, upon motion received and filed. Buol moved adoption of Resolution No. 179-05 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. Seconded by Nicholson. Motion carried 7-0. 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, upon motion received and filed and approved recommendation. 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, upon motion received and filed. Buol moved adoption of Resolution No. 212-05 Approving the submittal of an Application for Federal Recreational Trail Funding to the Iowa Department of Transportation for the Dubuque Heritage Trail Extension: Iowa 32 (Northwest Arterial) Bike/Hike Trail Project. Seconded by Nicholson. Motion carried 7-0. 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, upon motion received and filed. 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, upon motion received and filed and approved recommendation. 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, upon motion received and filed and approved recommendation. Business Licenses: Buol moved adoption of Resolution No. 180-05 Granting the issuance of a Class “B” Beer Permit (5 Day Special Event) to Dubuque Jaycees (Main Street/Town Clock Plaza and Tents A, B and C) and Resolution No. 181-05 Granting the issuance of a Class “C” Beer/Liquor License to Corner Tap, Charhouse Restaurant, Big Daddy’s Pub, Tott’s Tap, and 3 Dempsey’s/Molly’s Pub and Grub; and Class “B” Wine to Beecher Beverage. Seconded by Nicholson. Motion carried 7-0. ITEMS TO BE SET FOR PUBLIC HEARING 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, upon motion received and filed. Cline moved adoption of Resolution No. 182-05 Preliminary approval of plans and specifications; Resolution No. 183-05 Setting date of hearing on plans and specifications with public hearing set for 6/6/05 at a meeting to commence at 6:30 P.M. in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law and Resolution No. 184-05 Ordering bids. Seconded by Markham. Motion carried 7-0. 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, upon motion received and filed. Cline moved adoption of Resolution No. 185-05 Preliminary approval of plans and specifications; Resolution No. 186-05 Setting date of hearing on plans and specifications for 6/6/05 at a meeting to commence at 6:30 P.M. in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law; Resolution No. 187-05 Of Necessity; Resolution No. 188-05 Fixing date of hearing on Resolution of Necessity for 6/6/05 at a meeting to commence at 6:30 P.M. in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law; Resolution No. 189-05 Approving preliminary schedule of assessments and Resolution No. 190- 05 Ordering bids. Seconded by Markham. Motion carried 7-0. 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, upon motion received and filed. Cline moved adoption of Resolution No. 191-05 Preliminary approval of plans and specifications; Resolution No. 192-05 Setting date of hearing on plans and specifications for 6/6/05 at a meeting to commence at 6:30 P.M. in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law and Resolution No. 193-05 Ordering bids. Seconded by Markham. Motion carried 7-0. 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, upon motion received and filed. Cline moved adoption of Resolution No. 194-05 Preliminary approval of plans and specifications; Resolution No. 195-05 Setting date of hearing on plans and specifications for 6/6/05 at a meeting to commence at 6:30 P.M. in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law and Resolution No. 196-05 Ordering bids. Seconded by Markham. Motion carried 7-0. 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, upon motion received and filed. Cline moved adoption of Resolution No. 197-05 Preliminary approval of plans and specifications; Resolution No. 198-05 Setting date of hearing on plans and specifications for 6/6/05 at a meeting to commence at 6:30 P.M. in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law and Resolution No. 199-05 Ordering bids. Seconded by Markham. Motion carried 7-0. 4 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. No one spoke. 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. David Cleek and Sean O’Malley spoke requesting consideration for appointment. PUBLIC HEARINGS Upon motion the rules were suspended to allow anyone present to address the Council. 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, upon motion received and filed. City Manager Van Milligen gave a comprehensive overview of the proposed Cable Franchise Agreement with Mediacom. Scott Westerman of Mediacom spoke of the positive future of Mediacom and its commitment to Dubuque. Ordinance No. 28-05 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, presented and read. Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Nicholson. Motion carried 7-0. Buol moved final consideration and passage of the Ordinance. Seconded by Connors. Motion carried 7-0. Ordinance No. 29-05 Approving Cable Right-of-Way Ordinance, presented and read. Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Nicholson. Motion carried 7-0. Buol moved final consideration and passage of the Ordinance. Seconded by Connors. Motion carried 7-0. Buol moved adoption of Resolution No. 200-05 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. Seconded by Connors. Motion carried 7-0. Bob Roethig spoke in support of Mediacom and of the company’s commitment to public access television. 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), upon motion received and filed. Communication from Charles F. King, Mediacom Communications Corporation, expressing gratitude for the opportunity to continue to serve the community, upon motion received and filed. 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 5 Construction Company in the amount of $1,605,494, upon motion received and filed. Cline moved adoption of Resolution No. 201-05 Adopting plans and specifications and Resolution No. 202-05 Awarding contract to Conlon Construction. Seconded by Nicholson. Motion carried 7-0. 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, upon motion received and filed. Michalski moved adoption of Resolution No. 203-05 Adopting plans and specifications and Resolution No. 204-05 Awarding contract to Iowa Direct Equipment and Appraisal, L.C. Seconded by Nicholson. Motion carried 7-0. 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, upon motion received and filed. Cline moved adoption of Resolution No. 205-05 Adopting plans and specifications and Resolution No. 206-05 Awarding contract. Seconded by Connors. Motion carried 7-0. 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, upon motion received and filed. Buol moved adoption of Resolution No. 207-05 Adopting plans and specifications and Resolution No. 208-05 Awarding contract. Seconded by Nicholson. Motion carried 7-0. 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, upon motion received and filed. Michalski moved adoption of Resolution No. 209-05 Adopting plans and specifications and Resolution No. 210-05 Awarding contract to Portzen Construction, Inc. Seconded by Markham. Motion carried 7-0. 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, upon motion received and filed. Buol moved adoption of Resolution No. 211-05 Amending the current budget for the Fiscal Year ending June 30, 2005. Seconded by Nicholson. Motion carried 7-0. Upon motion the rules were reinstated limiting discussion to the Council. ACTION ITEMS 1087 Cedar Cross Road – PUD Amendment (First Reading 4/18/05): Ordinance No. 30-05 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, said Ordinance having been given the first reading on 4/18/05, now presented for further action. Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be 6 suspended. Seconded by Nicholson. Motion carried 7-0. Buol moved final consideration and passage of the Ordinance. Seconded by Markham. Motion carried 7-0. 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, Jumpers Sports Bar, and Fat Tuesday’s and the assessment of $300 penalties for tobacco compliance violations, upon motion received and filed and approved assessments. 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, upon motion received and filed and approved recommendation. Michalski questioned why the City is paying for the study. Corporation Counsel Lindahl clarified the reasons. Northend Wrecking, Inc.: Communication from Roger Kunde, Northend Wrecking, Inc., requesting to purchase City-owned property located adjacent to his property, presented and read. Buol moved to receive and file the communication and deny the request. Seconded by Connors. Motion failed due to the following vote: Yeas—Buol, Connors, Michalski. Nays— Cline, Duggan, Markham, Nicholson. After further discussion, Nicholson moved to receive and file the communication and refer this to the City Manager to negotiate purchase and correction of problems, with “good faith” negotiations stressed. Seconded by Cline. Carried by the following vote: Yeas—Cline, Connors, Duggan, Markham, Michalski, Nicholson. Nays—Buol. Dubuque River Rides License Agreement: City Manager recommending approval of a five-year license agreement between the City of Dubuque and Dubuque River Rides, upon motion received and filed and approved recommendation. Cabela’s / 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, upon motion received and filed and approved recommendation. 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, upon motion received and filed. Ordinance No. 31-05 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, presented and read. Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Connors. Motion carried 7-0. Buol moved final consideration and passage of the Ordinance. Seconded by Connors. Motion carried 7-0. 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, upon motion received and filed and approved recommendation. 7 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, upon motion received and filed and congratulated Gil Spence. 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 and City Manager submitting information on Bowling and Beyond lease negotiations, upon motion received and filed and referred to the City Manager to negotiate the lease, urging coordination of the lease with “use” time. COUNCIL MEMBER REPORTS Buol shared that the annual Downtown Cleanup held a few weeks ago was a successful event and thanked the many participants. At 8:08 P.M. upon motion it was resolved to go into Closed Session re: Pending Litigation and Property Acquisition – Chapter 21.5(1)(c)(j) 2003 Code of Iowa and Collective Bargaining Strategy – Chapter 20.17(3). At 8:32 P.M. Council reconvened stating that Staff had been given proper direction. There being no further business, upon motion meeting adjourned at 8:33 P.M. /s/ Jeanne F. Schneider, CMC City Clerk 1t 5/11 8 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, upon motion received and filed and congratulated Gil Spence. 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 and City Manager submitting information on Bowling and Beyond lease negotiations, upon motion received and filed and referred to the City Manager to negotiate the lease, urging coordination of the lease with "use" time. COUNCIL MEMBER REPORTS Buol shared that the annual Downtown Cleanup held a few weeks ago was a successful event and thanked the many participants. At 8:08 P.M. upon motion it was resolved to go into Closed Session re: Pending Litigation and Property Acquisition -Chapter 21.5(1)(c)(j) 2003 Code of Iowa and Collective Bargaining Strategy -Chapter 20.17(3). At 8:32 P.M. Council reconvened stating that Staff had been given proper direction. There being no further business, upon motion meeting adjourned at 8:33 P.M. ~GG~r~r-~~' Jeanne F. Schneider, CMC City Clerk 1t 5/11 8