8 01 05 Agenda No Icons
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CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
6:30 P.M.
LIBRARY AUDITORIUM
MONDAY, AUGUST 1, 2005
INVOCATION
Loren Hirschy, Senior Pastor, Word of Life Church
PROCLAMATIONS
Responsible Gaming Education Week (August 1 - 5, 2005)
APPOINTMENT
Appointment/Swearing In of City Council Member for the Second Ward
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 5/24; City Council of 7/18; Housing
Commission of 6/25; Park and Recreation Commission of 7/12; Zoning Advisory
Commission of 7/6
Proof of publication of City Council Proceedings of July 5, 2005
Printed City Council Proceedings for April, 2005
Suggested Disposition: Receive and File; Approve as Printed
2. Notice of Claims/Suits
Clarence Armbruster (for son Richard Kremer) for personal injury; Daniel
FairchildfTeresa Boxleiter for property damage; Brendan Forrest for vehicle damage;
Interstate Power and Light for property damage; Mark Stone for vehicle damage; Mary
Weidenbacher for property damage; Federal National Mortgage Association vs. City of
Dubuque, et al
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:
Gregory A. Carew for personal injury; Barbara M. Deppe for vehicle damage; Daniel
FairchildfTeresa Boxleiter for property damage; Brendan Forrest for vehicle damage;
Interstate Power and Light for property damage
Corporation Counsel recommending settlement of the claim of Mark Stone for vehicle
damage and directing Finance Department to issue payment
Corporation Counsel recommending denial of the claim of Yolanda Feldman-Brauer for
property damage
Suggested Disposition: Receive and File; Concur; Finance Department to Issue
Payment
3. MCC Iowa LLC - Letter of Credit
City Manager recommending approval of a Consent to the Amendment to MCC Iowa
LLC's Letter of Credit from $100,000 to $25,000 pursuant to the recently adopted
Franchise Agreement between the City of Dubuque and MCC Iowa LLC.
Suggested Disposition: Receive and File; Approve
4. Purchase of Property
City Manager recommending approval of the purchase of a residential dwelling located
at 775 West 32nd Street as part of the acquisition program associated with expansion of
the West 32nd Street detention basin.
RESOLUTION Approving the acquisition of real estate located at 775 West 32nd Street
in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
5. Iowa Individual Health Benefit Reinsurance Assessment
City Manager recommending approval of the payment of the City's Iowa Individual
Health Benefit Reinsurance Assessment amount of the $34,426.15.
Suggested Disposition: Receive and File; Approve Payment
6. Engineering Contract Award - Iowa and Locust Street Parking Ramps
City Manager recommending approval to award a contract to Desman Associates for
engineering services for restoration of the Locust and Iowa Street Parking Ramps in an
amount not to exceed $98,000.
Suggested Disposition: Receive and File; Approve
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7. 2005 Curb Ramp Installation CDBG #1 Project
City Manager recommending acceptance of the 2005 Curb Ramp Installation CDBG #1
Project as completed by Perry Construction in the final contract amount of $18,020.55.
RESOLUTION Accepting the 2005 Curb Ramp Installation - CDBG Project #1
RESOLUTION Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolutions
8. 2004 Sanitary Sewer Lining Project
City Manager recommending acceptance of the 2004 Sanitary Sewer Lining Project as
completed by Visu-Sewer Clean & Seal Company in the final contract amount of
$74,801.89.
RESOLUTION Accepting the 2004 Sanitary Sewer Lining Project
RESOLUTION Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolutions
9. Dubuque Casino Hotel - Assignment of Parking Use Agreement and Lease
Agreement
City Manager recommending approval of an Assignment of the Parking Use Agreement
between the Dubuque Racing Association, Dubuque Casino Hotel and the City of
Dubuque and an Assignment of the Lease Agreement between Dubuque Casino Hotel
and the City of Dubuque to Dubuque Bank and Trust as security for a loan that
Dubuque Bank and Trust has made to Dubuque Casino Hotel LLC.
Suggested Disposition: Receive and File; Approve
10. 2005 Justice Assistance Grant
City Manager recommending approva~ and acceptance of the 2005 Justice Assistance
Grant award in the amount of $40,704.
Suggested Disposition: Receive and File; Approve
11. Quarterly Investment Report
City Manager submitting the June 30, 2005 Quarterly Investment Report.
Suggested Disposition: Receive and File
12. GFOA Certificate of Achievement
City Manager advising that the City has received a Certificate of Achievement Award
from the Government Finance Officers Association (GFOA) for the fiscal year ended
June 30, 2004.
Suggested Disposition: Receive and File
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13. Airport Commission
City Council Member Dan Nicholson submitting his resignation from the Airport
Commission effective immediately.
Communication from Corporation Counsel Barry Lindahl regarding City Council
membership on the Airport Commission.
Suggested Disposition: Receive and File; Accept Resignation
14. MCC Iowa LLC - Performance Bond
City Manager recommending approval of the Form of Performance Bond submitted by
MCC Iowa LLC as required by the Franchise Agreement between the City of Dubuque
and MCC Iowa LLC.
Suggested Disposition: Receive and File; Approve
15. Iowa Department of Economic Development
Communication from the Iowa Department of Economic Development advising that the
City's HOME Investment Partnership program has been amended by extending the
completion date and expanding the target area, as requested by the City of Dubuque.
Suggested Disposition: Receive and File
16. City of Sageville Voluntary Annexation
Notice from the City Development Board advising that the Sageville Voluntary
Annexation will be considered at the City Development Board's regular meeting on
August 17, 2005.
Suggested Disposition: Receive and File
17. KeyLine Transit Bus Shelters
City Manager recommending approval of the selection of Brasco International, Inc. as
the vendor for the City to purchase three shelters for the downtown trolley route and
seven shelters for the KeyLine fixed route for a total amount of $39,670.
Suggested Disposition: Receive and File; Approve
18. Business Licenses
RESOLUTION Granting the issuance of a Class "B" Beer Permit to Panchero's Mexican
Grill
RESOLUTION Granting the issuance of a Class "C" Beer/Liquor License to Shannon's
Bar, Tri-State Golf Center and Taiko Japanese Restaurant; and a Special Class "C"
Liquor License to Choo Choo Charlies and Bell Tower Productions
Suggested Disposition: Adopt Resolutions
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ITEMS TO BE SET FOR PUBLIC HEARING
1. Flora Park Water System Project
City Manager recommending initiation of the public bidding process for the Flora Park
Water System Project and that a public hearing be set for September 6, 2005.
RESOLUTION Approving preliminary plans and specifications
RESOLUTION Setting date of hearing on plans and specifications
RESOLUTION Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
9/6/05
2. Five Flags Center HVAC - Phase II Project
City Manager recommending initiation of the public bidding process for the Five Flags
Center HVAC - Phase II Project and that a public hearing be set for September 6,2005.
RESOLUTION Approving preliminary plans and specifications
RESOLUTION Setting date of hearing on plans and specifications
RESOLUTION Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
9/6/05
3. Third Street Overpass Decorative Railing Installation Project
City Manager recommending initiation of the public bidding process for the Third Street
Overpass Decorative Railing Installation Project and that a public hearing be set for
September 6, 2005.
RESOLUTION Approving preliminary plans and specifications
RESOLUTION Setting date of hearing on plans and specifications
RESOLUTION Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
9/6/05
4. Port of Dubuque Recognition Wall Project
City Manager recommending initiation of the public bidding process for the Port of
Dubuque Recognition Wall Project, approval of the names and organizations that will be
included in this recognition and that a public hearing be set for September 6, 2005.
RESOLUTION Approving preliminary plans and specifications
RESOLUTION Setting date of hearing on plans and specifications
RESOLUTION Ordering bids
Suggested Disposition: Receive and File; Approve Names and Organizations;
Adopt Resolutions; Public Hearing 9/6/05
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BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Boards/Commissions:
Mediacom Cultural Affairs Charitable Foundation Board (Two Council appointments)
Applicants: Richard Hall, John Woodin, Ellen Hartmann Henkels, and Rebecca Fabricius
(currently on Arts and Cultural Affairs Advisory Commission)
Electrical Code Board (Three 3-year terms through 5/21/08 - Hammel, Pfohl, Pregler)
Applicant: Dan Hammel
Housing Commission (Three 3-year terms through 8/17/08 - Helling, Neustadt, Mozena)
Applicants: Anthony Allen, Alphonse H. Boge, Jr., William D. Helling, Janet A. LeClere,
Angela Mozena, Harry Neustadt
Human Rights Commission (One unexpired term through 1/1/08 - term of McAlpin)
Applicants: Mary Gassman, Marcos Rubinstein
Library Board of Trustees (One 4-year term through 7/1/09 - term of Felderman) (Mayor
Appointment)
Applicant: Dennis Healy
Appointments to the following Boards/Commissions:
TV Cable Regulatory Commission (One unexpired 3-year term through 6/30/07 and two
3-year terms through 6/30/08 - terms of Tigges and Webster)
Applicants: Ronald Tigges, Walter Webster
TV Cable Community Teleprogramming Commission (Two 3-year terms through 6/30/08
- terms of Everist and Hoverman, one unexpired term through 6/30/06 and one
unexpired term through 6/30/07)
Applicants: George P. Herrig, Sr. Carol Hoverman
PUBLIC HEARINGS
SUSPEND THE RULES
1. Granger Creek Interceptor Sewer Extension Connection Fee
Proofs of publication on notice of hearing to consider the Granger Creek Interceptor
Sewer Extension Connection Fees and City Manager recommending approval.
Communications from Charles Klein, 9634 Maquoketa Drive; Rick M. Urbain, 9620
Maquoketa Drive; and Victor and Loretta Prevatt, 9617 Maquoketa Drive in opposition
to the proposed Granger Creek Sewer Connection Fees.
ORDINANCE Establishing a schedule of sewer connection fees for the connection of
property to the Granger Creek Sanitary Interceptor Sewer Extension
Suggested Disposition: Receive and File; Motion B; Motion A
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2. Rosedale Avenue Reconstruction Project
Proofs of publication on notice of hearing on plans and specifications and notice to
notice to property owners, and City Manager recommending adoption of the plans and
specifications for the Rosedale Avenue Reconstruction Project.
RESOLUTION Adopting plans and specifications for the project
RESOLUTION With respect to the adoption of the Resolution of Necessity proposed for
the Rosedale Avenue Reconstruction Project
RESOLUTION Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions
3. Nowata Street Reconstruction Project
Proofs of publication on notice of hearing on plans and specifications and notice to
notice to property owners, and City Manager recommending adoption of the plans and
specifications for the Nowata Street Reconstruction Project.
RESOLUTION Adopting plans and specifications for the project
RESOLUTION With respect to the adoption of the Resolution of Necessity proposed for
the Nowata Street Reconstruction Project
RESOLUTION Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions
4. Synergy Court OICW - Street and Utilities Construction Project
Proofs of publication on notice of hearing on plans and specifications and notice to
bidders on the receipt of bids, and City Manager recommending award of the contract
for the Synergy Court DICW - Street and Utilities Construction Project to Top Grade
Excavating, Inc., in the amount of $386,446.60.
RESOLUTION Adopting plans and specifications for the project
RESOLUTION Awarding construction contract for the Synergy Court DICW - Street and
Utilities Construction Project
RESOLUTION Approving construction contract with Top Grade Excavating, Inc. for the
Synergy Court DICW - Street and Utilities Construction Project
Suggested Disposition: Receive and File; Adopt Resolutions
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5. University Avenue Extension Project - Phase II
Proof of publication on notice of hearing on the plans and specifications and City
Manager recommending award of the contract for the University Avenue Extension
Project - Phase II, which was bid through the Iowa Department of Transportation, to
Horsfield Construction, Inc. in the amount of $880,000.
RESOLUTION Adopting plans and specifications
RESOLUTION Awarding contract for the University Avenue Extension Project - Phase
II, PCC Pavement Project
RESOLUTION Approving construction contract with Horsfield Construction, Inc. for the
University Avenue Extension - Phase II, PCC Pavement Project
Suggested Disposition: Receive and File; Adopt Resolutions
REINSTATE THE RULES
ACTION ITEMS
1. Water Works Park
Communication from Rob McDonald, AY. McDonald Mfg. Co. Charitable Foundation,
requesting that the name of Water Works Park be permanently changed to AV.
McDonald Park in consideration for a $250,000 contribution towards construction of the
park by the AV. McDonald Mfg. Co. Charitable Foundation.
Suggested Disposition: Receive and File; Council
2. Commissioner of Elections
Communication from Denise M. Dolan, Commissioner of Elections, proposing that
various precincts be combined for school board and City elections.
Suggested Disposition: Receive and File; Concur
3. 409 Burch Street (Tabled from July 18, 2005 Meeting)
City Manager submitting an update on the progress being made on 409 Burch Street.
City Manager recommending approval of the initiation of eminent domain proceedings
for the property located at 409 Burch Street.
Communication from Joseph Bitter requesting that the City delay any further action
regarding the property at 409 Burch Street.
RESOLUTION Authorizing the acquisition by eminent domain of certain real property at
409 Burch Street, Dubuque, Iowa, owned by John White
Suggested Disposition: Remove from Table; Receive and File; Adopt Resolution
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4. Knob Hill Subdivision Sidewalk Installation
City Manager recommending concurrence on the enforcement of sidewalk installation,
as part of the Sidewalk Inspection Program, on properties in the Knob Hill Subdivision
that abut Fremont Avenue, as well as for any other subdivisions with installation
requirements or streets that were part of a street paving program but did not have
sidewalk installed at the time of construction.
Suggested Disposition: Receive and File; Concur
5. REAP Committee
City Manager recommending approval of the Fiscal Year 2006 Dubuque County REAP
Plan, submittal of the Fiscal Year 2006 REAP grant application of $200,000 for Phase 1
of the Iowa 32 Bike/Hike Trail, and reaffirming Council Member Joyce Connors as the
City Council representative to the REAP Committee.
RESOLUTION Authorizing a REAP Grant Application to the Iowa Department of Natural
Resources for Phase I of Iowa 21 Bike/Hike Trail '
Suggested Disposition: Receive and File; Adopt Resolution; Council
Appointment
6. New Sidewalk Installation: Financial Assistance Funding Opportunity
City Manager recommending approval of a revision to the sidewalk program to provide
financial assistance for new sidewalk installation costs for eligible low and moderate
income, owner occupied residential properties.
Suggested Disposition: Receive and File; Approve
8. Weed Ordinance Revision
City Manager recommending approval of an amendment to the Weed Ordinance to
provide for notification by certified mail in order to comply with the requirements in the
Iowa Code.
ORDINANCE Amending City of Dubuque Code of Ordinances, Sec. 45-52 Notice to
Owner to Remove and Sec. 45-54 Collection of Cost of removal by City
Suggested Disposition: Receive and File; Motion B; Motion A
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9. Downtown Parking Meters
City Manager recommending approval of parking on certain portions of Main Street,
Ninth Street and 1 ih Street and the addition of sixteen parking meters at these
locations.
ORDINANCE Amending Section 32-262(d) of the Code of Ordinances of the City of
Dubuque, Iowa, prohibiting parking on designated streets or portions thereof by deleting
portions of Ninth Street and Twelfth Street
ORDINANCE Amending Section 32-262(f) of the Code of Ordinances of the City of
Dubuque, Iowa, prohibiting parking on designated streets or portions thereof by deleting
a portion of Ninth Street
Suggested Disposition: Receive and File; Motion 8; Motion A
10. Cooper Management Company, LLC - Outdoor Service Liquor Application
City Manager submitting an update of police calls for service regarding Cooper
Management Company, LLC (Stonewall Lounge, Bricktown Brewery, Blackwater Grill
and the Underground) located at 299 Main Street and recommending that the liquor
application for an outdoor service be tabled to September 6, 2005.
RESOLUTION Granting the issuance of a Class "C" Beer/Liquor (Outdoor Service)
License to Bricktown/Stonewall Lounge/Blackwater Grill
Suggested Disposition: Receive and File; Concur - Table to 9/6/05
11. Contract and Bond Approval for Public Improvement Contracts
City Manager recommending that he be authorized to approve executed contracts and
bonds, upon review by the Corporation Counsel, for public improvement projects.
RESOLUTION Authorizing the City Manager to approve public improvement contracts
and bonds
Suggested Disposition: Receive and File; Adopt Resolution
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)0) 2005 Code of Iowa
Jeanne F. Schneider
July 28, 2005
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