6 6 05 Agenda No Icons
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
6:30 P.M.
LIBRARY AUDITORIUM
MONDAY, JUNE 6, 2005
INVOCATION
Reverend Tim Bees, Pastor, First Baptist Church
PROCLAMATIONS
Dubuque Main Street Month
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 5/2; Cable TV Community
Teleprogramming Commission of 5/3; Cable TV Regulatory Commission of 5/11; City
Council of 5/16; Civil Service of 4/8; Community Development Advisory Commission of
5/11; Electrical Code Board of 5/23; Housing Code Appeals Board (Revised) of 8/17/04;
Housing Commission of 4/26; Park and Recreation Commission of 5/10; Transit Board
of 5/12
Proof of publications of City Council Proceedings of 3/21 and 5/2; and List of Claims
and Summary of Revenues for month ending March 31, 2005
Printed City Council Proceedings for March, 2005
Suggested Disposition: Receive and File; Approve as Printed
2. Notice of Claims/Sui1s
Laura Feldermann for vehicle damage; Elmer Flynn for property damage; Linda Slaats
for vehicle damage; Kathy Jo Steger, et ai, vs. City of Dubuque; Vernon Van Cleve for
property damage
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:
Laura Feldermann for vehicle damage; Elmer Flynn for property damage; Patricia
Ruden for personal injury; Kathy Jo Steger for personal injury; Vernon Van Cleve for
property damage
Corporation Counsel recommending settlement of the claim of Linda Slaats for vehicle
damage and directing the Finance Department to issue payment.
Suggested Disposition: Receive and File; Concur; Finance to Issue Payment
3. Community Development Block Grant Program (CDBG)
Communication from Congressman Jim Nussle regarding funding for the Community
Development Block Grant Program.
Suggested Disposition: Receive and File
4. Long Range Planning Commission
Communication from Dave Rusk advising that he will not be applying for reappointment
to the Long Range Planning Commission.
Suggested Disposition: Receive and File
5. Shot Tower Rehabilitation and Stabilization Project
City Manager recommending approval of a contract with Hasbrouck Peterson Zimoch
Sirirattumrong (HPZS) for the Shot Tower Rehabilitation and Stabilization Project.
Suggested Disposition: Receive and File; Approve
6. City of Sageville Annexation
City Manager communication to Ralph Dean, Mayor of the City of Sageville, advising
that the City of Dubuque objects to the three proposed annexations to the City of
Sageville.
Suggested Disposition: Receive and File; Approve
7. Lease Agreement with Miller Enterprises of Dubuque, Inc., d/b/a The Busted Lift
City Manager recommending approval of a lease with Miller Enterprises of Dubuque,
Inc., d/b/a The Busted Lift, for approximately a five month period for outdoor service.
Suggested Disposition: Receive and File; Approve
8. 155 East Fifth Street
Historic Preservation Commission recommending approval of the request to demolish
the brick warehouse (formerly Stealth Racing) as requested by the City of Dubuque.
Suggested Disposition: Receive and File; Approve
9. Tax Assessment Appeal - Stipulation of Settlement
Corporation Counsel submitting a Stipulation of Settlement of a tax assessment appeal
by Dubuque Golf and Country Club.
Suggested Disposition: Receive and File; Approve
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10. Community Partnership (cp2) Program - Fiscal Year 2006
City Manager recommending approval of the recommendation of the Community
Development Advisory Commission for allocation of Community Partnership Program
(cp2) funds.
RESOLUTION Authorizing the award of Community Partnership Program (cp2) funds
for Fiscal Year 2006
Suggested Disposition: Receive and File; Adopt Resolution
11. 755 West 32nd Street
City Manager recommending approval of the purchase of property located at 755 West
32nd Street as part of the acquisition program for expansion of the West 32nd Street
detention basin.
RESOLUTION Approving the acquisition of real estate located at 755 West 32nd Street
in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
12. 745 Gillespie Street
City Manager recommending approval of the purchase of property located at 745
Gillespie Street as part of the acquisition program for expansion of the West 32nd Street
detention basin.
RESOLUTION Approving the acquisition of real estate located at 755 West 32nd Street
in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
13. Northeast Iowa School of Music
City Manager recommending approval of a grant agreement with the Northeast Iowa
School of Music to provide music lessons for four children as part of the Uptown
Recreation Program.
Suggested Disposition: Receive and File; Approve
14. Dubuque County ISU Extension
City Manager recommending approval of a grant agreement with Dubuque County ISU
Extension to conduct recreation programs as part of the Uptown Recreation Program.
Suggested Disposition: Receive and File; Approve
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15. Children's Zoo Boosters
City Manager recommending approval of a lease renewal with the Dubuque Children's
Zoo Boosters, Inc., for approximately ten acres of the former Roosevelt Park to operate
the Storybook Hill Children's Zoo.
Suggested Disposition: Receive and File; Approve
16. Operating Engineers Union - Petition for Bargaining Unit Amendment
City Manager recommending approval of a modification to the Stipulation of Bargaining
Unit for the Operating Engineers Union to include the position of Lab Technician I.
Suggested Disposition: Receive and File; Approve
17. Asbury Road Widening Project
City Manager recommending acceptance of the Asbury Road Widening Project as
completed by Portzen Construction, Inc. in the final con~ract amount of $59,165.50.
RESOLUTION Accepting the widening of Asbury Road at the Northwest Arterial Project
RESOLUTION Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolutions
18. Radford Road - Acceptance of Warranty Deed
City Manager recommending approval of the acceptance of a warranty deed for a right-
of-way purchase on Radford Road to accommodate an additional lane for right-turn
movements into the new middle school.
RESOLUTION Accepting the deed to certain real estate in Dubuque County, Iowa from
Dubuque Community School District
Suggested Disposition: Receive and File; Adopt Resolution
19. Healthy Homes Grant Application
City Manager recommending approval of an application to the U.S. Department of
Housing and Urban Development (HUD) for an approximate $900,000 Healthy Homes
Initiative demonstration project grant for the Washington Neighborhood Revitalization
area.
Suggested Disposition: Receive and File; Approve
20. Child Care Lasts a Lifetime Campaign
City Manager recommending approval for the City of Dubuque to be listed as a partner
on the Empowerment proposal being submitted to the Iowa State University for funding
and technical assistance to assist communities in hosting a Quality Child Care Forum.
Suggested Disposition: Receive and File; Approve
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21. Economic Development Administration - Amendment #2
City Manager recommending approval of Amendment #2 to the contract with the
Economic Development Administration for a six month extension to either demolish or
provide a re-use proposal for the Adams Company building.
RESOLUTION Authorizing the execution of Project Amendment #2 to a contract with
the Economic Development Administration
Suggested Disposition: Receive and File; Adopt Resolution
22. Washington Court (Dubuque Casket Factory)
City Manager submitting information on funding for the Washington Court (Dubuque
Casket Factory) project and providing an update on construction of a park in the area.
Suggested Disposition: Receive and File
23. Mediacom Reply to the City's FCC Opposition Filing,
City Manager transmitting information on Mediacom's latest filing regarding its FCC
Petition to declare the presence of "Effective Competition" in Dubuque.
Suggested Disposition: Receive and File
24. Collective Bargaining Agreement - Teamsters Local Union No. 421
City Manager recommending approval of the collective bargaining agreement between
the City and the Teamsters Local Union No. 421 for the contract period beginning July
1, 2005 through June 30, 2006.
RESOLUTION Approving the agreement between the City of Dubuque, Iowa and the
Teamsters Local Union No. 421 and authorizing the Mayor to sign the agreement
Suggested Disposition: Receive and File; Adopt Resolution
25. Collective Bargaining Agreement - Dubuque Police Protective Association
City Manager recommending approval of the collective bargaining agreement between
the City and the Dubuque Police Protective Association for the contract period
beginning July 1, 2005 through June 30, 2008.
RESOLUTION Approving the agreement between the City of Dubuque, Iowa and the
Dubuque Police Protective Association and authorizing the Mayor to sign the agreement
Suggested Disposition: Receive and File; Adopt Resolution
26. RFP Engineering Services - Locust and Iowa Street Parking Ramps
City Manager recommending approval of the issuance of a request for proposal for the
engineering services related to structural repairs to the Locust Street and Iowa Street
Parking Ramps.
Suggested Disposition: Receive and File; Approve
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27. Library Board of Trustees
Communication from Mary Strom advising that she will not be reapplying to serve on the
Carnegie Stout Public Library Board of Trustees and recommending consideration of
Beverly Kolz.
Suggested Disposition: Receive and File
28. Purchase of Service Agreement with St. Stephen's Food Bank
City Manager recommending approval of a Purchase of Service Agreement with St.
Stephen's Food Bank in the amount of $700 for the Deer Management Food Program.
Suggested Disposition: Receive and File; Approve
29. Purchase of Service Agreement with Project Concern, Inc. - Foster Grandparent
Program
City Manager recommending approval of a Purchase of Service Agreement with Project
Concern, Inc. in the amount of $5,435 for the Foster Grandparent Program.
Suggested Disposition: Receive and File; Approve
30. Purchase of Service Agreement with the Retired and Senior Volunteer Program
City Manager recommending approval of a Purchase of Service Agreement with the
Retired and Senior Volunteer Program in the amount of $7,341.
Suggested Disposition: Receive and File; Approve
31. Purchase of Service Agreement with Project Concern, Inc. - Information and
Referral and Child Care Referral
City Manager recommending approval of a Purchase of Service Agreement with Project
Concern, Inc. in the amount of $24,339 for the Information and Referral Program plus a
payment of $8,576 for the Child Care Referral Program.
Suggested Disposition: Receive and File; Approve
32. Purchase of Service Agreement with Operation: New View
City Manager recommending approval of a Purchase of Service Agreement with
Operation: New View in the amount of $16,708.
Suggested Disposition: Receive and File; Approve
33. Purchase of Service Agreement with Helping Services of Northeast Iowa, Inc.
City Manager recommending approval of a Purchase of Service Agreement with
Helping Services of Northeast Iowa, Inc. in the amount of $2,023.
Suggested Disposition: Receive and File; Approve
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34. Purchase of Service Agreement with Greater Dubuque Development Corporation
City Manager recommending approval of a Purchase of Service Agreement with
Greater Dubuque Development Corporation in the amount of $130,125 including
$90,125 for economic development services, $40,000 for marketing of the City's
industrial parks, and $35,000 towards a partnership with Dubuque Initiatives to be used
to partially assist in funding a new position for Dubuque area retail expansion services
which will now be part of the Greater Dubuque Development Corporation Purchase of
Service Agreement.
Suggested Disposition: Receive and File; Approve
35. Purchase of Service Agreement with Dubuque Main Street, ltd.
City Manager recommending approval of a Purchase of Service Agreement with
Dubuque Main Street, Ltd., in the amount of $43,966.
Suggested Disposition: Receive and File; Approve
36. Purchase of Service Agreement with Dubuque Area Lifetime Center
City Manager recommending approval of a Purchase of Service Agreement with
Dubuque Area Lifetime Center in the amount of $25,000.
Suggested Disposition: Receive and File; Approve
37. Purchase of Service Agreement with Dubuque Area labor Management Council
City Manager recommending approval of a Purchase of Service Agreement with
Dubuque Area Labor Management Council in the amount of $15,503.
Suggested Disposition: Receive and File; Approve
38. Purchase of Service Agreement with the Dubuque Area Chamber of Commerce
Convention and Visitors Bureau
City Manager recommending approval of a Purchase of Service Agreement with the
Dubuque Area Chamber of Commerce Convention and Visitors Bureau in the amount of
$644,886.
Suggested Disposition: Receive and File; Approve
39. Purchase of Service Agreement with Washington Neighborhood Tool Library
City Manager recommending approval of a Purchase of Service Agreement with the
Washington Neighborhood Tool Library in the amount of $15,500.
Suggested Disposition: Receive and File; Approve
40. Purchase of Service Agreement with Substance Abuse Services Center
City Manager recommending approval of a Purchase of Service Agreement with
Substance Abuse Services Center in the amount of $12,762.
Suggested Disposition: Receive and File; Approve
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41. Purchase of Service Agreement with America's River Corporation
City Manager recommending approval of a Purchase of Service Agreement with
America's River Corporation in the amount of $10,000.
Suggested Disposition: Receive and File; Approve
42. Mediacom
Communication from Mediacom advising that their customers in the City of Dubuque will
be offered a limited tier of service beginning July 1, 2005.
Suggested Disposition: Receive and File
43. Business Licenses
RESOLUTION Granting the issuance of one new permit to sell cigarettes and cigarette
papers within the City to Hy-Vee Wine and Spirits
RESOLUTION Granting the issuance offifty-one (51) renewal permits to sell cigarettes
and cigarette papers within the City
RESOLUTION Granting the issuance of a Class "B" Beer Permit to Pizza Hut of
Dubuque (2075 JFK Road and 320 East 20th Street); and Class "B" Beer (5 Day Special
Event) Permit to Dubuque Jaycees (Tent A, B, and C) and Dubuque Rotary Club
RESOLUTION Granting the issuance of a Class "C" Beer/Liquor License (One Day
Outdoor Service) to Clarke College; and Class "C" Beer/Liquor License to Creslanes
Bowling, Paul's Tavern, Dubuque Bowling Lanes and The Busted Lift; and Class "B"
Wine of Ooh La La
Suggested Disposition: Adopt Resolutions
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ITEMS TO BE SET FOR PUBLIC HEARING
1. Lease Agreement between the City of Dubuque and Peninsula Gaming Company,
L.L.C.; Second Amendment to Amended and Restated Lease Agreement between
the City of Dubuque and Dubuque Racing Association, Ltd.; Settlement
Agreement between Peninsula Gaming Company, L.L.C. and the City of Dubuque
City Manager recommending that a public hearing be set for June 20,2005 to consider
approval of a lease agreement between the City of Dubuque and Peninsula Gaming
Company, L.L.C. and the Second Amendment to Amended and Restated Lease
Agreement between the City of Dubuque and Dubuque Racing Association.
City Manager recommending approval of a Settlement Agreement between peninsula
Gaming Company, L.L.C. and the City of Dubuque.
RESOLUTION Of intent to dispose of an interest in real property by amendment to
lease with Dubuque Racing Association, LTD.
RESOLUTION Of intent to dispose of an interest in real property by lease agreement
with Peninsula Gaming Company, L.L.C.
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
6/20/05
2. Five Flags Theater Tuckpointing Project - Initiate
City Manager recommending initiation of the bidding process for the Five Flags Theater
Tuckpointing Project and that a public hearing be set for July 5, 2005.
RESOLUTION Preliminary approval of plans and specifications
RESOLUTION Fixing date of hearing on plans and specifications
RESOLUTION Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
7/5/05
3. Grandview Avenue Concrete Section Repair Project - Initiate
City Manager recommending initiation of the bidding process for the Grandview Avenue
Concrete Section Repair Project and that a public hearing be set for July 5, 2005.
RESOLUTION Preliminary approval of plans and specifications
RESOLUTION Fixing date of hearing on plans and specifications
RESOLUTION Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
7/5/05
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BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Boards/Commissions:
Electrical Code Board (Five 3-year terms through 5/21/08 - Terms of Dixon, Hammel,
Pfohl, Pregler, Reiss)
Applicants: James Dixon, Elaine Reiss
Historic Preservation Commission (Three 3-year terms through 7/1/08 - Langworthy
District [Mozena], Architect/At-Large [Wand], and Old Main District [Berzins]
Applicants: Christopher Wand, Mirdza Erika Berzins
Investment Oversight Advisory Commission (One 3-year term through 7/1/08 - Term of
Spielman)
Applicant: Charles Spielman
Library Board of Trustees (Five 5-year terms through 7/1/09 - Felderman, Shubatt,
Smith, Strom, Tully)
Applicants: Diann Guns, Beverly Kolz, Michael Shubatt, Kristin Smith
Communication from Michael Shubatt regarding the Carnegie Stout Public Library Board of
Trustees.
PUBLIC HEARINGS
SUSPEND THE RULES
1. Water Works Park Development (Phase I) Project
Proofs of publication on notice of hearing on the plans and specifications and notice to
bidders and City Manager recommending award of the contract for the Water Works
Park Development (Phase I) Project to Portzen Construction, Inc., in the amount of
$649,200.
RESOLUTION Adopting plans and specifications
RESOLUTION Awarding contract
Suggested Disposition: Receive and File; Adopt Resolutions
2. Gateway Landscaping Project
Proofs of publication on notice of hearing and notice to bidders for the Gateway
Landscaping Project and City Manager recommending award of the contract to Portzen
Construction, Inc., in the amount of $742,400.
RESOLUTION Adopting plans and specifications
RESOLUTION Awarding contract
Suggested Disposition: Receive and File; Adopt Resolutions
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3. Pyatigorsk Park Development Project
Proofs of publication on notice of hearing and notice to bidders and City Manager
recommending award of the contract for the Pyatigorsk Park Development Project to
Tricon General Construction in the amount of $259,600.
RESOLUTION Adopting plans and specifications
RESOLUTION Awarding contract
Suggested Disposition: Receive and File; Adopt Resolutions
4. Lindberg Terrace and Eagle Street Sanitary Sewer Extension
Proofs of publication on notice of hearing and notice to bidders and City Manager
recommending award of the contract for the Lindberg Terrace and Eagle Street Sanitary
Sewer Extension Project to McDermott Excavating in the amount of $56,388.81.
RESOLUTION Adopting plans and specifications
RESOLUTION Awarding contract
Suggested Disposition: Receive and File; Adopt Resolutions
5. Asbury Road Sidewalk Installation Project
Proofs of publication on notice of hearing and notice to bidders and City Manager
recommending award of the contract for the Asbury Road Sidewalk Installation Project
to Winger Construction in the amount of $50,766.
RESOLUTION Adopting plans and specifications
RESOLUTION Awarding contract
RESOLUTION With respect to the adoption of the Resolution of Necessity for the
Asbury Road Sidewalk Installation Project
Suggested Disposition: Receive and File; Adopt Resolutions
REINSTATE THE RULES
ACTION ITEMS
1. Greater Dubuque Development Corporation
Rick Dickinson, Executive Director of the Greater Dubuque Development Corporation,
to present the GDDC quarterly report.
Suggested Disposition: Receive and File
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2. Bricktown Liquor License Renewal
City Manager transmitting information regarding the number of calls for service for
Bricktown and recommending approval of a six month liquor license.
RESOLUTION Granting the issuance of a six month Class "C" Beer/Liquor License to
Cooper Management LLC (Bricktown)
Suggested Disposition: Receive and File; Council
3. Demolition Related to Downtown School
Historic Preservation Commission applauding the efforts of City staff to provide options
to demolition of historic structures related to development of the downtown school and
requesting that City Council direct the School Board to refrain from the demolition of
buildings and to use available surface parking in the area of the downtown school site.
Suggested Disposition: Receive and File; Council
4. Dubuque Metropolitan Area Solid Waste Agency (First Reading May 16, 2005)
City Manager recommending that the second reading of the Dubuque Metropolitan Area
Solid Waste Agency's rezoning request be postponed until additional information can be
obtained.
ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located on Highway
20 West from AG Agricultural District to LI Light Industrial District
Suggested Disposition: Receive and File; Table or Motion 8; Motion A (Super
Majority Vote Necessary)
5. Sidewalk Cafe Ordinance
City Manager recommending approval of a revision to the sidewalk cafe ordinance to
require a four foot minimum width of unobstructed sidewalk with a straight travel path to
crease room for physically challenged persons and further recommending that anchored
fencing no longer be allowed.
ORDINANCE Amending Chapter 41 Streets, Sidewalks and Other Public Places of the
City of Dubuque Code of Ordinances
Suggested Disposition: Receive and File; Motion B; Motion A
6. Northend Wrecking
City Manager submitting an update on enforcement issues at Northend Wrecking.
Suggested Disposition: Receive and File
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7. City Council Strategic Planning - Fiscal Year 2007
City Manager requesting City Council approval of proposed dates for the Fiscal Year
2007 strategic planning sessions.
Suggested Disposition: Receive and File; Council
8. Best Development Award
City Manager advising that the City has received a Best Development Award for the
America's River Project and requesting that a representative be named to receive the
award.
Suggested Disposition: Receive and File; Council
9. Barry A. Lindahl Recognition
City Manager advising that Corporation Counsel Barry A. Lindahl has been selected to
be a speaker at the Iowa State Bar Association Annual Meeting.
Suggested Disposi~ion: Receive and File
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) 2005 Code of Iowa
Jeanne F. Schneider
June 2, 2005
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