Proof Council Minutes 5 2 05
CITY OF
DU8UQt.!.E, IOWA
~GS
OFFICIAL
City Co\Jncil, Regular
'Sesslon, May 2,2005
COuncil met at' 6:30 P.M.
In the pubncUbrary Audi-
torium
Present: Mayor Duggan,
CouI'IeIl Merri~BuoI,
0Iil:Ie, ~npl'8,Markham,
Michalski. . Nlbholson, City
Manager Vl!lnMlIllgen and
Corporation Counsel
Undahl. '
Mayor Duggan read the
call and ststed~ this Is a
regular session . called for
the purpose of dlscU8$ing
SUCh matters which may
pro=. ' come before the
,,_......J
.............. '
Invocation was given by
Dr. Alan Orandall; Campus
Chaplain- of . the . University
of Dubuque.
Mayor Duggan swore In
Mayor p,o;.Tem Joyce
~".. .....'k...1
P5' Bike "'"1"-
t'f lith' .: -20(5) ril-
ceived by indy Temperley
of The ' Finley Ho$~~al;
MentalHeaIttl Month (May,
2005) received tly.. John
Curtla oHheMenl8l Health
Assoctation; N\.II'Ses' Week
(May 1 - 7, 2006) received
bv Mike Johnson; Public
3ervlce 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 Councll
by Dan .I..QBlanco;
CONSENT ITEMS
Minutes and Reports Sub-
mitted: Arts and Cultural
Affairs Advisory Commis-
sion of 3/22; City Councll
of 4/18; HouslngCommis-
sion of 3/22; Library Soard
of 2/24 and 3/24, upon
motion received and filed.
. Proof of publicatioli of
City Council Proceedlnlls
of April 4, 2005 (On file In
. City Clerk's Office), upon
motion received and flied.
Library Soard of Trustees
UpdSte from the Meeting
of . March 24, 2005, upon
motion received alid flied.
City Counoil Proceedings
of February 2005, upon
motion' received and flied
and approved as pritlted.
Notice of Claims/Suits:
Stephanie Bauer for vehicle
damage;. Diane Hoffman
'for personal injury; Tare
Puccio for personal injury,
upon motion received and
filed and referred to Legal
for investigation.
CorporetlOn Coun~el ad-
vising that the following
claims have been refl)Il'ed
to PUblic ~ntitv Risk Serv-
ices of Iowa, the agent for
the Iowa Communities As-
surance Pool: DIane Hoff-
man fOr personal injury;
Tara PuCcio for personal
injury, upon motion received
and filed and concurred.
Corporation Counsel rec-
ommending . denial of the
claim of Stephania Sauer
for vehicle demage, upon
motion received and filed
and concurred.
Hillcrest Family Serv,ices:
Letter of support for the ef-
forts of HillCrest Family .,
Services to secure renewal
funding frOm HUD. to con-
tinue to provide transition-
al housing and supportive
services to homeless fami-
lies In Dubuque, upon' mo-
tion received and flied and
approved recommendation.
Legislative C!)ftespond-
ence: Communication to
area legislators encourag-
ing anovote on HF 847, a
property tax limitation bill,
upon motion received and
filed and approvedrecom-
mendatlon.
Dubuque Casino 'Hotel:
City Manager recommend-
ing approval of the first
amendment to the Parking
Use' Agreement between
the Duouque Casino Hotel,
the Dubuque Racing Asso-
ciation and the City, upon
motion received and filed
and approved recommen-
dation.
Area Residential Care,
Inc.: Communication from
Jon ~maine, Executive
Director of Area Residen-
tial Care, Inc., requesting
that the street parking in
front of their business of-
fice at 1170 Roosevelt
Street Extension bedeelg-
nated a two-hour maxi-
m\lm. parking .zone, upon
motion received and filed
and referred to the City
Manager. .
Operating Engineer's Un-
ion - Petition for Sargain-
ing Unit. Amendment: City
Manager recommending
approval of the Stipulation
of Bargaining Unit as
:Amended to include the
classifICation of Account
Clerk I, upon motion re-
calved and filed.
CIty.'of $ageville Annexa-
tions: Communication from
John D. Freund, on pehalf
of the City, of Sagevllle,
forwarding a Notice of An-
neltation Applleations and
P1J_ Hearlng;-on. Volunta-.
i I}l ,Annexation Requests
regllrtJlng territory to be
annexed into the City of
Sagevllle, upon motion re-
ceIVed and filed and refer-
red to the City Manager.
Sanitary Sewer Replace-
ment Agreement - 1195
Thomas Place: City Man-
ager . recommending ap-
proval of an extension of
an agreement with the
i owner of a !lingle-family
home at 1195 Thomas
Place for purposes of In-
stallatlon of a sanitary
sewer sYlltem, upon mo-
tloli received and filed and
approlI.. recommendation.
Purc:;tiase of Property at
514 Lincoln Street: City
Manager recommending
approval of the purchase
of property at 514 LincOln
Street ~ part of the. ac-
qw.ltion ~.. aasocl-,
ated With lhes.. Ibnch
Creek Flestoratlon Project,
upon motion received and'
filed. iual.moved adop-
tion of R88Q(u1Ion No. 178e
05 Approving the acquisi-
tion 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 Homeownershlp
Program Coordinators:
City Manager recommend-.
Ing approval of an appilca-
tlon to the US Department
of Housing and Urban De-
velopment(HUD) for funds
to renew the current Fami-
ly Self-Sufficiency Program
Coordinator position and
for funding to contract with
,,,,.'eI ~tata F=rlAnsion for
and filed.
RalIro8d Real estate
Property Acquisition Agree-
ment:. City Managerrec-
ommandlng approval of a
Rallrolid Real Estate Prop-
,erty AcqUisition Agreement
with the Chicago, Central
an~ Pacific Ralrroad Com-
pany to acquire . railroad
property In the Port of DUe
buque, upon motion re-
ceived. and til.ed. euol
moved adoPtion of Fleso-
lutlon No. 179-05 Approv-
Ing RBilroad' Real Estate
$8Ie Contract betwll8n the
City of Dubuque (City) and
the Ohlcaq,o, Central and
Pacific ~aJlroad Company
for. the .~. .' e of acquir-
Ing . pro . tQ complete
public. ay Improve-
ments; Seconded by Nich-
olson. Motion carried 7-0.
$hot Towill' Rehabilitation
Project: CIty Manager rec-
Ommtndlng approval of
the selectIon' of Hasbrouck
Peterson . Zimoch
Sirira<<umrong (HPZS) as
the colisultant for the Shot
Tqwer Rehabilitation Proj-
ect, upon motion received
and filed and approved
recommendation.
Dubuque Heritage Trall
Expansion - Iowa 32 (-
Northwest Arterlal): City
Man.r recommending
approllal of the submission
of.an application for Feder-
al Recreational Trail Fund-
ing to the Iowa 08pert-
ment of Transportation for
the Dubuque Heritage Trail
Expansion - Iowa 32 (-
Northwest ArterlaO bike!
hike trail project, upon mo-
tion received' and filed.
Buol moved adoption of
Rssalutiorl No. 212-05 Ap-
proving the submittal of an
Application for Federal
Recreational Trail Fun~ing
to the Iowa Department of
Transportation for the Du-
buque Heritage Trail ex-
tension: Iowa 32 (North-
west Arterl8J) Bike/Hike
Trail Project. Seconded by
NICholson. Motion carried
7-0.
Dubuque. Drug Task
Force: Communication from
David Patton regarding the
Issue . of the Dubuque
Community School
Board's decision to not al-
low the Dubuque Drug
Task Force 'to inspect
school premISes, upon
motion received and filed.
Vision lowa Agreement
Amendment: City Manag-
er recommending approval
of an Amendment Agree-
ment regarding the modifi-
cation of the completion
date of certain projects
previously approved for
extElnsion, upon motion re-
ceived and filed and ap-
proved I'8COI11mendatlon.
, Hoi'l8ShOe Courts Reno-
vation: City Mar,ager reo-
ommtndlng, at the request .
of the Horsesh?e Pitchers'
AsSQQitltjQn.. ~ ren~"-
tloli . of' thehOrllellhoe
courl$ at Flora Park be
completed In Ascal Year
2006 prior to an upcoming
horseshoe competition in
Dubuque, upon motlonre-
celved and flied and ap-
proved recommendatloh.
BUIlnae8LioenaeB: Buol
moved adoptIOn of Reso-
lutlon'No. 180-05 Granting
the issuance of a Class
'S" . Beer Permit (5 Day
Special Event) to Dubuque
Jayceae (Main Street!
Town Clock Plaza and
Tents A, S and C) and
ResOlution No. 181-05
Granting the issuance of a
CIase 'C' Beer/Uquor U-
cenae to Corner T~,
Chamouse Restaurant, Sig
Daddy's Pub, Tott's Tap,
and Dempsey'siMolly's
Pub and Grub; and Class
~S" Wine to Bellcher Bav-
erage. Seconded by Nich-
olson. Motion carried 7-0,
ITEM8TO 81 SliT FOR
PU~ HEARING
Lindberg Terrace and Ea-
gle Street Sanitary Sewer
Extension - Initiate: City
Man8Ier ' reoommendlng
inlttatfmOt tilt Undberg
Terrace and EaCIe Street
Sanitary Sewer "Cxtenslon
Projflct anQ that a public
heering 0._ fol' June 6,
2oolj,; . UpOn motion re-
~. and flied. CHne
moved .adqItion. of Res0-
lution No. 182-05 Prellml.
nary~ovaI of plans and
sP8clflc8tions; ABSOlution
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 li-
brary audltorium and direct
theClty Clerk to publiah
no~ rn the manner pre-
~'by law al)d Rtso-
lut\Ot'I No, 184-05 On:farIng
bids. Seconded by Mark-
ham. Motion carried 7-0.
~ry"lfload Sidewalk
InstaBation P1'Qject - Ini-
tlats: City Manager recom-
mendinginitiatlQn of the
Asbury l=load Sidewalk In-
stallation Project and that
a public hearing be set f9"
June 6. 2005, upon motion
received and filed. Cline
moved adoption of. Reso-
Iutjon No. 185-05 Prelimi-
nary Iipproval of plans and
, specifications; Aesolution
No. 186-05 Settlpg date of
hearing on plans and
spee/ftCatlons for 6/6/OSat
a meeting to commenoe at
6:30 P.M. In "" publio 11-
brarv auditorium .and direct
be set for June 6, 2005,
upon motion received and
flied. Cline moved' adop-
tIonof RMolutlon No. 194-
OS Preltnilnary approval of
pJans end. speclfloatlons;
Flesalutlon No. 195-05
Setting date of hearing on
plans and specifications
for 616/05 at a meeting tp
commence at 6:30 P.M. in
the public library auditori-
um and direct the City
Clerk to ; pUbHsh notice In
the manner prescribed by
law and Resolution No.
196-05 Orderlng bids.
Seconded byM8rkham.
Motion carried 7-0.
Py. atlgorsk Park Develop-
ment,ProJect - Initiate: City
~ recommending
InJtratlOn . of the Pya!lgorsk
Park Development Project
and' that a public hearing
be set for June 6, 2005,
upon, motion received and
filed. . Cline moved adop-
tion 0f ReIoIution No. 197-
05 Pre. limlnary approval of
plana and SpecJmcaDon~
Flesolutlon No. 198-05
Setting date of hearing on
plana and apecificatlons
for 6/6/05 at a meeting to
commence at 6:30 P.M. in
the publlo library auditori-
um and direct the City
Clerk to publish notice In
the manner prescribed by
raw and Raaolutlon . No.
199-05 .. OrcIarlng bids.
seconded . by. M8rtd1am.
MotIOn carried 1-0,
8OARD8ICOMMI88I
Applicants are invited to
address the CouncIl re-
garding their desire to
aerve on . the following
BoardaICommlssions:
.. CMI 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
(T'wo three-year terms
through 3/15108- Terms of
GieM and Grothe)
ApplIcants: David Cleek,
Tom W. GI&se, David W.
Grothe. Sean O'Malley.
David Cleek and Sean
01M=-=~requ. eating
COliS for appoint-
ment.
PUBUC HEARINGS
. Upon motion the rules
were suapancIed to allOw
anyclne present to address
the CouIlCiI.
MCC' Iowa. LLC
(MadJacom) . Cable Fran-
chise Aareement: Proof of
publication on notice of
hearing to consider adop-
tion of a Cable Franchise
Agreemelit and dispOsing
of an interest In real prop-
erty owned by the City to
MOC Iowa, LLC by lease
agreement and City Man-
ager. recommending ap-
=... . " . \lJlClIl ~Ion. re-
. and fIltd.
. CIty Manager . Van
Mil/i{i!en gave. a compre-
propoaecI Cable Franchise
Agreement with Medl&com.
SCott Westerman of
Medlacom spoke of the
positive future of
Medlacom and Its commit-
ment to Dubuque. .
Ordinance No. 28-05 Ap-
proving a Cable Franchise
Agreement between the
crty of Dubuque, Iowa and
MOC Iowa, LLC granting a
nonexclusive fraI1chlse to
MCC Iowa, LLC to con-
struct, ()peI'ate, maintsin,
update and reconstruct a
cable televisIon system,
presented and reed. Buol
moved that the require-
ment that a proposed Or-
dlnallC8" be considered
and voted on for passage
at two COuncil Meetings
prior to the meeting at
which it is to be ffnally
passed be suspended.
Seconded by Nicholson.
Motion carried 7-0. Buol
moved final consideration
and passage of the Ordi-
, nance. Seconded by
Connors. Motion carried
7-0.
Ordinance No. 29-05 Ap-
proving Cable Right-of-
, Way Ordinance, present8d
and read. BuoI moved
that the requirement that a
proposed Ordinance be
ConaIc:IerId and voted on
for passage at two Council
Meetings prior to the
rnteting at which it is to be
finally Passed be suspend-
ed. Seconded by Nich-
olson. Motion carried 7-0.
Buol moved final consider-
ation and ~e of the
Ordinance. Seconded by
Connors. Motion carried
7-0. .
. Suol moved adoption of
Resolution No. 200-05 Dis-
posing of an interest in real
property owned by the
City of Dubuque by lease
Ent between the
of QlIbI.Iqua, Iowa and
M . 1(lWa, LLO. Seconded
by Connors. Motion car-
ried 7-0.
Bob Roeth/g spoke in
suptlQrt. of Medlacom and
of the conipany's commit-
ment to public access tele-
vision.
Communication from
MCC Iowa, LLC submitting
Franc;:hlse Agreement. ad-
vising of the creation of the
Culturai' Affairs Charitable
Foundation of Dubuque,
Inc. anQ; approval of Lease
Agreement '(with Draft
Form of Commitment Let-
ter, Articles of Incorpora-
tion and Bylaws), upon
'. ._--' __...l .IIIlf_..l
, mending award of the con-
tract for the 2005 Asphalt
Paving Project to River
City Paving, a Division of
Mathy Construction Com-
pany, in the amount of
$1,107,558.26, upon mo-
tion received and filed.
Cline moved adoption of
Resolution No. 205-05
Adopting plans and speci-
fications and Resolution
No. 206-05 Awardilig con-
tract. Seconded by
Connors. Motion carried
7-0.
Guardrail Replacement
Project: Proof of publica-
tion on notice of hearing
and City Manager recom-
mending award of the con-
tract for the Guardrail Re-
placement Project to Pau-
line Company, Inc., in the
amount of $54,911, upon
motion received and filed.
Buol moved adoption of
Resolution No. 207 -05
Adopting plans and speci-
fications and Resolution
No. 208-05 Awarding con-
tract. Seconded by Nich-
olson. Motion carried 7 -0.
Sixth and Seventh Street
Reconstruction and Wash-
Ington Park Renovation
Project: Proof of publica-
tion on notice of hearing
and City Manager recom-
m~dlng award of the con-
tract for the Sixth and Sev-
enth Street Reconstruction
and Washington Park Ren-
ovation 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
heering to consider appro-
val of the Fiscal Year 2005
Second Bud9.et Amend-
ment and City Manager
recommending approval,
upon motion received and
filed. Buoi moved adop-
tion 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): Ordi-
nance No. 30-05 Amend-
Ing Appendix A (the Zoning
Ordinance) of the City of
Dubuque Code of Ordi-
nances for the amendment
of Ordinance 8-98 which
adopted regulations for
property located south of
1095 Cedar Cross Road as
..aP~~.Uni1 Devel-
opment District with a PC
Planned Commercial Dis-
trict Designation and
adopting a revised Con-
ceptual Development Plan,
with conditions, said Ordi-
nance having been given
the first reading on
4/18/05, now presented
for further action. Buol
moved that the require-
ment that a proposed Or-
dinance 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 Ordi-
nance. Seconded by
Markham. Motion carried
7-0.
Tobacco Compliance -
Civil Penalties for Tobacco
Permit Holders: City Man-
ager recommending ac-
ceptance and approval of
Acknowledge/Settlement
Agreements for Kwik Stop,
West Locust Mart, Oky
Doky Foods #1, Jumpers
Sports Bar, and Fat Tues-
day's and the assessment
of $300 penalties for to-
bacco compliance viola-
tions, upon motion re-,
ceived and filed and ap.
proved assessments.
Ea!ille Point Bluff Rock
Stabilization Project: City
Manager recommending
approval of the selection of
Klelnfelder as the consul-
tant for the Eagle Point
Sluff Rock Stabilization
Project, upon motion re-
ceived and flied and ap-
proved recommendation.
Michalski questioned why
the City Is paying for the
study. Corporation Coun-
sel Lindahl clarified' the
reasons.
Northend Wrecking, Inc.:
Communication from Rog-
er Kunde, Northend
Wrecking, Inc., requesting
to purchase City-owned
property located adjac;ent
to his property, presented
and read. Suol moved to
receive and file the com-
munication and deny the
request. Seconded by
Connors. Motion failed
due to the following vote:
Yeas-Suol, Connors,
Michalski. Nays-Cline, '1
Duggan, Markham,
Nicholson.
After further discussion,
Nicholson moved to re-
ceive and file the commu-
nication and refer this to
...._ 1"";..., A.......................r +..... ............."'_
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
filially passed be suspend-
ed. Seconded by
Connors. Motion carried
7-0. Suol moved final
consideration and passage
of the Ordinance.
Seconded by Connors.
Motion carried 7-0.
National Institute of
Health Resuscitation Out-
comes Consortium: City
Manager recommending
approval for the City's
paramedic service to par-
ticipate in a research proj-
ect of the National Insti-
tutes of Health on out-of-
hospital resuScitation,
upon motion received and
filed and approved recom-
mendation.
Great Places Advisory
Board: City Manager ad-
vising that Leisure Serv-
ices Manager GiI Spence
has been appointed to the
Great Places Advisory
Board by Governor Tom
Vilsack, upon motion re-
ceived and filed and con-
gratulated GII Spence.
Bowling and Beyond
Lease Agreement: Com-
munication from Arthur F.
Gllloon requesting to ad-
dress the City Council re-
garding the lease agree-
ment between Bowling
and Beyond and the City
of Dubuque and City Man-
ager submitting informa-
tion on Bowling and Be-
yond lease negotiations,
upon motion received and
filed and referred to the
City Manager to negotiate
the lease, urging coordina-
tion of the lease with "use"
time.
COUNCIL MEMBER
REPORTS
Buol shared that the an-
nual Downtown Cleanup
held a few weeks ago was
a successful event and
thanked the many partici-
pants.
At 8:08 P.M. upon motion
it was resolved to go into
Closed Session re: Pend-
ing Liti\1ation and Property
Acquisition - Chapter
21.5(1)(clo) 2003 Code of
Iowa and Collective Bar-
gaining Stretegy - Chapter
20.17(3).
At 8:32 P.M. Council
reconvened stating that
Staff had been given prop-
er direction.
There being no further
business, upon motion
W:~ing adjourned at 8:331
Is/ Jeanne F. Schneider,
CMC, City Clerk
1t 5/11
STATE OF IOWA
DUBUQUE COUNTY
{SS:
CERTIFICATION OF PUBLICA
I, Bev Engler, a Billing Clerk for Woodward Comn
corporation, publisher of the Telegraph Herald,a ne
published in the City of Dubuque, County of Dubul
certify that the attached notice was published in sai
dates: May 11,2005, and for which the charge is $:
~>>L}
Subscribed to before m~ Public in and fo
this ~~ day of , ,
4-
'"A"
~~:-
'c:."
MARY K, WE:
Commt8slor N ,-
My Comm, E.~~
_ ,,'OofOen- ! ASSOCranon, rnar--ren-ova-
_ - tlal Care, Inc., requesting . tion of the horseshoe
City Council, Regular that the street parking in courts at Flora Park be
ssion. May 2, 2005 front of their business of- completed in Fiscal Year
:ouncil met at 6:30 P.M. fice at 1170 Roosevelt 2006 prior to an upcoming
the Public Library Audi- Street Extension be desig- horseshoe competition in
;um nated a two-hour maxi- Dubuque. upon motion re-
'resent: Mayor Duggan, mum parking zone, upon ceived and filed and ap-
unci I Members Buol, motion received and filed proved recommendatioh.
le, Connors, Markham, and referred to the City Business Licenses: Suol
:halski, Nichoison, City Manager. moved adoption of Reso-
nager Van Milligen and Operating Engineer's Un- lution No. 180-05 Granting
rporation Counsel ion - Petition for Bargain- the issuance of a Class
dahL ing Unit Amendment: City "B" Beer Permit (5 Day
Aayor Duggan read the Manager recommending Special Event) to Dubuque
I and stated this is a approval of the Stipulation Jaycees (Main Street!
,ular session called for of Bargaining Unit as Town Clock Plaza and
purpose of discussing Amended to include the Tents A, Band C) and
:h matters which may classification of Account Resolution No. 181-05
'perty come before the Clerk I, upon motion re- Granting the issuance of a
uncil. celved and filed. Class "COO Beer/Liquor Li-
wocation was given by City of Sageville Annexa- cense to Corner Tap,
Alan Crandall, Campus tions: Communication from Charhouse Restaurant, Big
aplain of the University John D. Freund, on behalf Daddy's Pub, Tott's Tap,
)ubuque. of the City of Sageville. and Dempsey'slMolly's
A. ayor Duggan swore in forwarding a Notice of An- Pub and Grub; and Class
yor Pro-Tem Joyce nexation Applications and "B" Wine to Beecher Bev-
nnors. Public Hearing on Volunta- erage. Seconded by Nich-
roclamations: Bike Safe- ry Annexation Requests olson. Motion carried 7-0.
Month (May, 2005) re- regarding territory to be ITEMS TO BE SET FOR
ved by Cindy Temperley annexed into the City of PUBLIC HEARING
The Finley Hospital; Sageville, upon motion re- Lindberg Terrace and Ea-
ntal Health Month (May, ceived and filed and refer- gle Street Sanitary Sewer
)5) received by John red to the City Manager. Extension - Initiate: City
rtis of the Mentai Health Sanitary Sewer Replace- Manager recommending
,ociation; Nurses' Week ment Agreement - 1195 initiation of the Lindberg
IY 1 - 7, 2005) received Thomas Place: City Man- Terrace and Eagle Street
Mike Johnson; Public ager recommending ap- Sanitary Sewer Extension
31l proval of an extension of Project and that a public
I! an agreement with the hearing be set for June 6.
a" owner of a single-family 2005, upon motion re-
I ; home at 1195 Thomas ceived and filed. Cline
w Place for purposes of in- moved adoption of Reso-
JOJ, stallation of a sanitary iution No. 182-05 Prelimi-
Me sewer system, upon mo- nary approval of plans and
? al tion received and filed and specifications; Resolution
e:> approved recommendation. No. 183-05 Setting date of
Purchase of Property at hearing on plans and
- 514 Lincoln Street: City specifications with pUblic
SJ Manager recommending hearing set for 6/6/05 at a
approval of the purchase meeting to commence at
_ of property at 514 Lincoln 6:30 P.M. in the public Ii-
380 I Street as part of the ac- brary auditorium and direct
uno: qulsition program associ- the City Clerk to publish
{e~s ated with the Bee Branch notice in the manner pre-
_ Creek Restoration Project, scribed by law and Reso-
upon motion received and lution No. 164-05 Ordering
'ee, filed. Buol moved adop- bids. Seconded by Mark-
, reef tion of Resolution No. 178- ham. Motion carried 7-0.
, 05 Approving the acquisi- Asbury Road Sidewalk
--.:: tion of real estate located Installation Project - Ini-
:~&O- at 514 Lincoin Avenue in tiate: City Manager recom-
'Jep. the City of Dubuque. mending initiation of the
JBlnl Seconded by Nicholson. Asbury Road Sidewalk In-
o A.ic Motion carried 7-0. stallatlon Project and that
JWOl Family Self-Sufficiency a public hearing be set for
_ (FSS) and Homeownership June 6, 2005, upon motion
" 'uo Program Coordinators: received and filed. Cline
NH City Manager recommend- moved adoption of Reso-
S3l" ing approval of an appl1ca- lution No. 185-05 Prelimi-
'Of tion to the US Department nary approval of plans and
Jno~ of Housing and Urban De- specifications; Resolution
- velopment (HUD) for funds No. 186-05 Setting date of
to renew the current Fami- hearing on plans and
:<:<:L -I Iy Seif-Sufficiency Program specifications for 6/6/05 at
J06'<: Coordinator position and a meeting to commence at
JJOO.II for funding to contract with 6:30 P.M. in the public Ii-
'03: iowa State Extension for brary auditorium and direct
'l/ (J3: services to promote the City Clerk to pUblish
- homeownership opportunl- notice in the manner pre-
0&68- ties for Section 8 Program scribed by law; Resolution
III families, upon motion re- No. 167-05 Of Necessity;
I ceived and filed and ap- Resolution No. 188-05 Flx-
:eN proved recommendation. ing date of hearing on Res-
Iowa Department of Nat- olution of Necessity for
,. ural Resources: Communi- 6/6/05 at a meeting to
cation from the Iowa De- commence at 6:30 P.M. in
partment of Natural Re- the public library auditori-
sources advising that the um and direct the City
'City failed to report two Clerk to publish notice in
bypasses that occurred on the manner prescribed by
April 4, 2005, upon motion law; Resolution No. 189c
received and filed and re- 05 Approving preliminary
ferred to the City Manager. schedule of assessments
City Manager communica- and Resolution No. 190-05
tion regarding the violation Ordering bids. Seconded
of the notification require- by Markham. Motion car-
ment to the Iowa Depart- ried 7-0.
ment of Naturai Resources Water Works Park Devel-
on sewer overflows, upon opment (Phase I) Project -
motion received and filed. Initiate: City Manager rec-
Drug Awareness Resist- ommending initiation of
ance Education (DARE) the Water Works Park De-
Contract: City Manager velopment (Phase I) Proj-
recommending approval of ect and that a public hear-
a Drug Awareness Resist- ing be set for June 6,
ance Education (DARE) 2005, upon motion re-
Contract between the City ceived and filed. Cline
of Dubuque, the Dubuque moved adoption of Rese-
Community Schools and lution No. 191-05 Prelimi-
the Holy Family Catholic nary approval of plans and
Schools, upon motion re- specifications; Resolution
ceived and filed and ap- No. 192-05 Setting date of
proved recommendation. hearing on plans and
Memorandum of Under- specifications for 6/6/05 at
$tanding (MOU) with the a meeting to commence at
Iowa Department of Public 6:30 P.M. in the public li-
Health: City Manager rec- brary auditorium and direct
ommending approval of a the City Cierk to publish
Memorandum of Under- notice in the manner pre-
standing with the Iowa De- scribed by law and Reso-
partment of Public Health lution No. 193-05 Ordering
for encephalitis monitoring- bids, Seconded by Mark-
related activities, upon mo- ham. Motion carried 7-0.
tion received and filed and Gateway Landscaping
approved recommendation. Project - Initiate: City
Quarterly Investment Re- Manager recommending
part; City Manager submit- initiation of the Fifth Street
~ the March 31, 2005 and Locust Street Gate-
<llUarterly Investment Re- way Landscaping Project
port, upon motion received and that a public hearing
nens,vtl uvorvlon V1 \II~
proposed Cable Franchise
Agreement with MedIIcom.
Scott WeeterrnM. 'of
Medlacom spoke of the
positive fut\Jre of
Mediacom and Its commit-
ment to Dubuque. .
Ordinance No. 28-05 Ap-
proving a Cable Franchise
A9.reement between the
City of Dubuque, Iowa and
MCC Iowa, LLC granting a
nonexclusive franchise to,
MCC Iowa, LLC to con-
struct, operate, maintain,
update and reconstruct a
cable television system,
presented and read. BuoJ
moved that the requ. ire"
ment that a proposecl Or-
dlnance" be oonslderect
and voted on for pass,age
at two Council Meetings
prior to the meeting at
which it is to be ffnally
passed be suspended.
Seconded by Nich<lllon.
Motion carried 7.0. Buol
moved final consideratlon
and passege of. the Ordi-
nance. SecoIided by
Connors. Motion carried
7-0.
Ordinance No. 29-05 Ap-
proving Cable Rlght-ot-
Way Ordinance, presented
and read. Boo moved
that the requirement that a
proposed Ordinance be
considered and voted on
for passege at two Council
Meetings prior to the
meeting at which It is to be
finally passed be suspend.
ed. Seconded by Nich-
olson. Motion carried 7-0.
Buol moved final consider-
ation and passage of the
Ordinance. Seconded by
Connors. Motion carried
7-0.
Buol moved adoption of
Resolution No. 200-05 Dis-
posing of an iliterest in real
property owned by the
City of Dubuque by I&ase
aQreement between the
City of Dubuque, Iowa and
MCC Iowa, LLO. Seconded
by Connors. Motion car-
ried 7-0.
Bob Roethlg spoke in
support of Mediacom and
of the company's commit-
ment to public access tele-
vision.
Communication from
MCC Iowa, LLC submitting
Franchise Agreement, ad-
vising of the creation of the
Cultural Affairs Charitable
Foundation of Dubuque,
Inc. and approval of Lease
Agreement' (with Draft
Form of Commitment Let-
ter, Articles of Incorpora-
tion and Bylaws), upon
motion received. and fOed.
Communication from
Charles F. King, Mediacom
Communications Corpora-
tion, expressing gratitUde
for the opportunity to con-
tinue to serve the com-
munity, upon motion re-
ceived and filed.
Five Flags Renova~lon
Project: Proof of publica-
tion on notice of hearing
and City Manager recom-
mending award of the con-
tract for the Five Flags
Renovation Project to
Conlon Construction Com-
pany in the amount of
$1,605,494, upon motion
received and filed. Cline
moved adoption of Reso-
lution 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 Re-
placement Project: Proof
of publication on notice of
hearing and City Manager
recommending award of
the contract for the Five
FlailS Bleacher Renovation
Project to Iowa Direct
Equipment and Appraisel,
L.C. In the amount of
$354,950, upon motlonre-
ceived and filed. Michalski
moved adoption of Reso-
lution No. 203-05 Adopt-
ing plans and specifica-
tions and Resolution No.
204-05 Awarding contrect
to Iowa Direct Equipment
and Appraisal, L.C.
Seconded by Nicholson.
Motion carried 7-0.
2005 Asphalt Paving
Project: Proof of publica-
tion on notice of hearing
and City Manager recom-
Q.. .....-. .-."....- -...- --~_.
gpment DIstrict with a PC
~ CQmmerc::lal Dis- 0~9o-999 'g~9$ "!e~ 'VIO /_
trict aeslGnatiOn and IIQ "mAW '1l19d au 'ldcfg II1!I .,
adopting a reviSed Con-
ceptual Development Plan,
with cqndltion$. said Ordi-
narce having been given
th. first reading on
4/16105, now presented
for further action. Buol
moved that tile require-
ment that a, proj;losed Or-
d,inance be C9Ilsidered
Irid voted. on for passage
at two Council Meetings
prior to the. meeting at
which It ill to be ffnaily
paseed be suspended.
Seconded by Nicholson.
Motion ,carried. 7-0. Buol
moved final consideration
and passage of the Ordi-
nance. Seconded by
Markhem. Motion carried
7-0.
Tobacco Compliance -
Civil PenaltiesJor Tobacco
P~rmit Holders:. City Man-
ager recommending ac-
ceptance and~proval of
Acknowledge/Settlement
Agreements for Kwik Stop,
West Locust Mart, Oky
Doky Foods #1, Jumpers
'Sports Sar, and Fat Tues-
day's and the ,assessment
of $300 ~aItles for to-
bacco compliance viola-
tions, upon motion re- I
ceived and filed and ap-
proved assessments. "
Eagle Point Bluff Rock
Stabllitation Project: City
Manager recommending
approval of the selection of
K1elnfeider as the consul-
tant for the ' Eagle Point
Bluff Rock StBblllzation
Project, llpon motion re-
ceived and filed and ap-
prOVed recommendation.
Michalski questioned why
the City is paying for the
study. Corporation Coun-
sel Undahl clarified' the
reasons.
NorthendWrecklng, I.nc.:
Communication from Rog-
er Kunde, Northend
Wrecking, Inc., requesting
to Plll'Chase City-owned
property located adja,q,ent
to his property, presented
and read. Buol moved to
receive and file. the com-
munication and deny the
. request. Seconded by
CoIinors. . Motion failed
duet. the following vote:
Yeas-Buol. Connors,
Michalski. Nays-Cline,
Duggan, Markham,
NichOlson.
After further discussion,
NIctIotson moved to re-
ceive imd file the commu-
nication and refer this to
th, CIty Manager to nego-
tiate purchase and correc-
tion of problems, with
'good. faith'. Iiegotlatlons
stresse!i. Seconded by
Cline-. CarrIed by the fol-
lowing vote: Yeas-Cllne,
Connors. Duggan, Mark-
ham, Michalski, Nloholson.
Nays-BuoI. '
C1ubUque River Rides LI-
cense . Agreement: . City
Manager recommending
approval of a five-year li-
cense . agreement between
the City of Dubuque and
Dubuque RIver Rides,
UpOI'! motion received and
filed and approved recom-
"'fndation.
CabeIa'./ America's Riv-
er Corporation Sanner !=Ie-
quest: City Manager rec-
ommending approval of a
~uest from Cabala's /
America's River, Corpora-
tion to install 38 banners
on Ught pol&s on Bell
Street as part of the Amer-
Ica's RiVer Festival sched-
uled from May 27 - 29,
2005, upon motion re-
ceived and filed and ap-
proved racommendatlon.
Camelot Drive Stop Sign:
City ManaglN' recommend-
Ing approv8l of the Installa-
tion of stoP! signs on
SunnvsloPe DrIve at Cam-
elot brlve and on Hum-
mingbird DrIve at Camelot
Drive, requiring vehicles
approaching CamelOt to
stop, upon motion re-
ceived and filed. Ordi-
nance No. 31-05 Amend-
ing the Code of Ordinan-
ces of the CitY of Dubu-
que, Iowa, by modifying
Subsection (b). of Section
32-214 thereof providing
for the additIon of stop
signs on Sunnyslope Drive
--~
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