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9 6 05 Agenda NO Icons CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:30 P.M. LIBRARY AUDITORIUM TUESDAY, SEPTEMBER 6, 2005 INVOCATION Reverend David Pacholke, Chaplain, The Finley Hospital PROCLAMATIONS Public Safety Memorial Day (September 15, 2005) National Addiction Recovery Month (September, 2005) 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 City Council of 8/15; Civil Service Commission of 7/26; Five Flags Commission of 7/18; Historic Preservation Commission of 8/18; Park and Recreation Commission of 8/9 Printed City Council Proceedings for May, 2005 Proofs of publication of City Council Proceedings for August 1 and 15, 2005 Suggested Disposition: Receive and File; Approve as Printed 2. Notice of Claims/Sui1s Lois M. Bublitz vs. City of Dubuque; Joan Higley for property damage; Dave Hanson for personal injury; Roger Schadler for property damage Suggested Disposition: Receive and File; Refer to Legal for Investigation/Report Corporation Counsel advising that the following claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Dave Hanson for personal injury Corporation Counsel recommending approval of the claim of Yolanda Feldman-Brauer for property damage and the claim of Connie Jones for property damage and directing the Finance Department to issue payment Corporation Counsel recommending denial of the claim of Dave Welu for vehicle damage Suggested Disposition: Receive and File; Concur; Finance to Issue Payment 3. Whites Place - Acceptance of Warranty Deed City Manager recommending approval of the acceptance of the Warranty Deed for Lot 2 of Whites Place, a property purchased for the Carter Road Detention Basin Project in February, 2004. RESOLUTION Accepting a conveyance of property of Lot 2 of Whites Place to the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution 4. Agreement for Alley Improvemen1s on Rosedale Avenue City Manager recommending approval of an agreement between the City and Michael J. Mulgrew to improve and use an existing platted alley adjacent to 1144 Rosedale Avenue. Suggested Disposition: Receive and File; Approve 5. Marshall Park Sanitary Sewer Extension Project City Manager recommending acceptance of the Marshall Park Sanitary Sewer Extension Project, as completed by Fondell Excavating, in the final contract amount of $85,689.65. RESOLUTION Accepting the Marshall Park Sanitary Sewer Extension Project RESOLUTION Approving final estimate Suggested Disposition: Receive and File; Adopt Resolutions 6. Hy-Vee Subdivision - Acceptance of Public Improvemen1s City Manager recommending acceptance of the public improvements recently completed in Hy-Vee Subdivision. RESOLUTION Accepting improvements in Hy-Vee Subdivision , Suggested Disposition: Receive and File; Adopt Resolution 7. Pennsylvania Avenue / Radford Road Sidewalk Installation Project City Manager recommending acceptance of the Pennsylvania Avenue I Radford Road Sidewalk Installation Project, as completed by Skyline Construction, in the final contract amount of $6,368.77. RESOLUTION Accepting the Pennsylvania Avenue I Radford Road Sidewalk Installation Project RESOLUTION Approving final estimate RESOLUTION Approving the preliminary schedule of final assessments Suggested Disposition: Receive and File; Adopt Resolutions 2 8. Villa Street Retaining Wall Reconstruction Project City Manager recommending acceptance of the Villa Street Retaining wall Reconstruction Project, as completed by WC Stewart Construction Company in the final contract amount of $324,416.69. RESOLUTION Accepting the Villa Street Retaining Wall Reconstruction Project RESOLUTION Approving final estimate Suggested Disposition: Receive and File; Adopt Resolutions 9. Fremont Avenue Reconstruction Project - Final Assessments City Manager recommending approval of the final assessment schedule for the Fremont Avenue Reconstruction Project. RESOLUTION Adopting the final assessment schedule for the Fremont Avenue Reconstruction Project including certain information required by the Code of Iowa, specifically, the number of annual installments into which assessments are divided, the interest on all unpaid installments, the time when the assessments are payable and directing the City Clerk to certify the final schedule and to publish notice thereof Suggested Disposition: Receive and File; Adopt Resolution 10. Arboretum Entrance Road Construction Project City Manager recommending acceptance of the Arboretum Entrance Road Construction Project as completed by Portzen Construction, Inc. of Dubuque, Iowa, in the final contract amount of $105,814.49 RESOLUTION Accepting improvement RESOLUTION Approving final estimate Suggested Disposition: Receive and File; Adopt Resolutions 11. Agreement with Hillcrest Family Services City Manager recommending approval of an agreement with Hillcrest Family Services for the use of Murphy Park from October 28, 2005 through January 11, 2006 for the annual holiday light display. Suggested Disposition: Receive and File; Approve 12. Dubuque Hockey, Inc. Contract with the Five Flags Center City Manager recommending approval of a contract between the Five Flags Center and Dubuque Hockey, Inc., d/b/a Dubuque Thunderbirds. Suggested Disposition: Receive and File; Approve 3 13. International Union of Operating Engineers, Local #758 City Manager recommending approval of an amendment to the Collective Bargaining Agreement between the City and the International Union of Operating Engineers, Local #758 to be effective October 1,2005 through September 30,2006. Suggested Disposition: Receive and File; Approve 14. Specific and Aggregate Stop Loss Insurance Renewal City Manager recommending that the City continue with Allianz as the stop-loss carrier for the City's health plans for individual and aggregate stop-loss insurance. Suggested Disposition: Receive and File; Approve 15. Cooperative Winter Maintenance Agreement City Manager recommending approval of a new cooperative winter maintenance agreement between the City and County of Dubuque. RESOLUTION Approving cooperative winter maintenance agreement between the City of Dubuque and Dubuque County Suggested Disposition: Receive and File; Adopt Resolution 16. Purchase of Property - 2311 Prince Street City Manager recommending approval of the purchase of a residential dwelling located at 2311 Prince Street as part of the acquisition program associated with expansion of the Bee Branch Creek Restoration Project. RESOLUTION Approving the acquisition of real estate located at 2311 Prince Street in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution 17. Relocation of White Water Creek Bridge City Manager recommending approval of the issuance of a Request for Proposal (RFP) for professional design services for the Historic White Water Creek Bridge Relocation Project. Suggested Disposition: Receive and File; Approve 18. Shot Tower Archeological Survey City Manager recommending approval of an agreement with the State Historical Society of Iowa for a $15,500 Historic Resources Development Program (HRDP) Grant for the Shot Tower Archeological Survey. RESOLUTION Authorizing a Grant Agreement for the Historic Resource Development Program for the Shot Tower Archeological Survey Suggested Disposition: Receive and File; Adopt Resolution 4 19. Construction Administration Services - Synergy Court Project City Manager recommending approval of a contract with Buesing & Associates, Inc., for construction administration services associated with the Synergy Court project. Suggested Disposition: Receive and File; Approve 20. Housing Enterprise Zone Program Agreement City Manager recommending approval of a Housing Enterprise Zone Program Agreement for Community Housing Initiatives for the Washington Court project. RESOLUTION Approving a Housing Enterprise Zone Program Agreement by and among the Iowa Department of Economic Development, the City of Dubuque, and Community Housing Initiatives for the Washington Court Project Suggested Disposition: Receive and File; Adopt Resolution 21. 409 Burch Street (Tabled on August 1, 2005) City Manager submitting an update on the progress being made on 409 Burch Street and recommending that this item be tabled to October 3, 2005. Suggested Disposition: Receive and File; Table to October 3, 2005 22. Cooper Management Company, LLC - Outdoor Service Liquor Application (Tabled on August 1, 2005) City Manager recommending that action on the outdoor service liquor application be tabled to October 3, 2005 to allow sufficient time to evaluate improvements at Bricktown with the colleges back in session. Suggested Disposition: Receive and File; Table to October 3, 2005 23. Workers' Compensation Excess Insurance City Manager recommending approval of the renewal rate submitted by Safety National effective July 1, 2005 through June 30, 2007 for the City's workers' compensation excess insurance. Suggested Disposition: Receive and File; Approve 24. Fiscal Year 2006 Compensation Package - Bus Operators City Manager recommending approval of the Fiscal year 2006 compensation package for full-time and part-time bus operators. RESOLUTION Approving the wage plan and benefit package for full-time and part-time bus operators for Fiscal Year 2006 Suggested Disposition: Receive and File; Adopt Resolution 5 25. Dubuque Professional Firefighters' Association, Local #353 City Manager recommending approval of the collective bargaining agreement between the City and the Dubuque Professional Firefighters' Association for the contract period beginning July 1, 2005. RESOLUTION Approving the agreement between the City of Dubuque, Iowa and the Dubuque Professional Firefighters Association, Local #353, and authorizing the Mayor to sign the agreement Suggested Disposition: Receive and File; Adopt Resolution 26. Dubuque Casino Hotel, LLC City Manager recommending approval of a third amendment to the lease agreement between the City and Dubuque Casino Hotel, LLC which would extend the completion date for the hotel and restaurant to October 15, 2005. Suggested Disposition: Receive and File; Approve, 27. 1948 Antique Fire Truck City Manager submitting an update on the restoration of the 1948 Seagraves Tiller Truck and recommending to proceed with fundraising efforts through the Antique Fire Club. Suggested Disposition: Receive and File; Approve 28. Special Events Insurance Grant City Manager recommending approval of a Special Event Insurance Grant to Riverfest, Inc. in the amount of $1,150. Suggested Disposition: Receive and File; Approve 29. Dubuque Industrial Center West Third Addition City Manager recommending approval of Amendment #7 to the engineering contract with IIW Engineers and Surveyors, P.C. for work associated with development of the Dubuque Industrial Center West 3rd Addition. Suggested Disposition: Receive and File; Approve 30. Letter of Support City Manager submitting a letter in support of the National Mississippi River Museum and Aquarium LEED certification. Suggested Disposition: Receive and File; Approve 31. Tax Assessment Appeal - Stipulation of Settlement Corporation Counsel submitting a Stipulation of Settlement of a tax assessment appeal by Edwards Concrete Contractors, Inc. Suggested Disposition: Receive and File; Approve 6 32. Code of Ordinances - Supplement No. 63 City Manager recommending adoption of Supplement No. 63 to the City of Dubuque Code of Ordinances. RESOLUTION Adopting Supplement No. 63 to the Code of Ordinances Suggested Disposition: Receive and File; Adopt Resolution 33. Civil Service Commission Civil Service Commission submitting the certified list for the position of Assistant Planner. Suggested Disposition: Receive and File; Make a Matter of Record 34. Mediacom 2004 Annual Report of Mediacom Communications Corporation. Report is on file in the City Clerk's Office. Suggested Disposition: Receive and File 35. Citizen Communications Communication from Jack Frick, Dubuque Arboretum & Botanical Gardens, regarding the sidewalk on the west side of Arboretum Drive. Petition from business residents of Flinthill Drive requesting that there be no semi parking on Flinthill Drive. Communication from Jim Romagna requesting that he not be required to install sidewalks on his property at 998 June Drive. Communication from Marianne Eberhardt requesting an honorary street sign for Auleen Eberhardt. Suggested Disposition: Receive and File; Refer to the City Manager 36. U.S. Cellular Service Agreement City Manager recommending approval of an agreement between U.S. Cellular and the City of Dubuque for cellular telephone service. Suggested Disposition: Receive and File; Approve 37. Municipal Utility Feasibility Study City Manager transmitting the results of the Municipal Utility Feasibility Study and recommending that work session be scheduled for September 12, 2005 at 6:30 p.m. Suggested Disposition: Receive and File; Approve 7 38. Third Amendment to Lease Agreement with Historical Star Redevelopment L.L.C. City Manager recommending approval of a third amendment to the Lease Agreement between the City and Historical Star Redevelopment L.L.C. to allow the developer until December 31, 2005 to secure tenants for the Star Brewery Building and further recommending the issuance of a new Request for Proposals for the property redevelopment. RESOLUTION Authorizing the execution of a third amendment to lease agreement with Historical Star Redevelopment L.L.C. for the Star Brewery Building Suggested Disposition: Receive and File; Adopt Resolution 39. Emergency Repair of Stoneman Road I John F. Kennedy Road Storm Sewer City Manager recommending approval of the emergency repairs of Stoneman Road / John F. Kennedy storm sewer. RESOLUTION Authorizing emergency repairs to the Stoneman Road / John F. Kennedy Road storm sewer Suggested Disposition: Receive and File; Adopt Resolution 40. William M. Black Steamboat Restoration Project City Manager recommending approval of the reimbursement of $11,930.82 to the Dubuque County Historical Society to closeout the William M. Black Steamboat Restoration Project. Suggested Disposition: Receive and File 41. Performance, Payment and Maintenance Bonds and Improvement Contracts -- Rosedale Avenue Reconstruction Project - Nowata Street Reconstruction Project Suggested Disposition: Receive and File; Approve 42. Business Licenses RESOLUTION Granting the issuance of a Class "B" Beer (5-Day Special Event) to Carlos O'Kelly's; and a Class "C" Beer Permit to Family Mart and Eagle Country Market RESOLUTION Granting the issuance of a Class "C" Beer/Liquor License to Los Aztecas, Lucky 13 Tap, National Mississippi River Museum, Jumper's Sports Bar (One Day Outdoor Service), and Clarke College; Special Class "C" Liquor to Mississippi Mug; and Class "B" Wine to Eagle Country Market and Family Mart, Inc. Suggested Disposition: Adopt Resolutions 8 ITEM TO BE SET FOR PUBLIC HEARING 1. North Grandview Estates Sanitary Sewer and Water Main Project - Initiate City Manager recommending initiation of the bidding process for the North Grandview Estates Sanitary Sewer and Water Main Project and that a public hearing be set for October 3, 2005 and recommending approval of additional financial assistance for the developer. Communication from Richard A. Henkel and Sandra L. Williams requesting financial assistance for utility installation. 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 10/5/05 BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Commission: Zoning Advisory Commission (One unexpired 3-year term through 7/1/06) Applicant: Matthew Lundh Appointments to the following Boards/Commissions: Airport Commission (Two 4-year terms through 9/14/09 - terms of Brotherton and O'Neill Applicants: Douglas Brotherton, J.K. Hanson II, Michael A. Santillo Housing Code Appeals Board (Two 3-years terms through 1/11/08 - vacant) Applicants: Sandra Moore PUBLIC HEARINGS SUSPEND THE RULES 1. Kerper Boulevard Industrial Park Economic Development District Proof of publication on notice of hearing and City Manager recommending that the resolution that began the process of amending the Urban Renewal Plan for the Kerper Boulevard Industrial Park Economic Development District be rescinded and requesting permission to withdraw this item from consideration at this time. RESOLUTION Rescinding Resolution Number 336-05 - A Resolution of Necessity finding that an amendment to the Urban Renewal Plan for the Kerper Boulevard Industrial Park Economic Development District is necessary in the interest of the residents of the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution 9 2. Alliant Easement in Port of Dubuque Proof of publication on notice of hearing to consider granting an easement to Alliant Energy in the Port of Dubuque and City Manager recommending that the public hearing be held and then recessed and that action on the easement be tabled. Suggested Disposition: Receive and File; Recess Public Hearing; Table 3. Flora Park Water System 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 Flora Park Water System Project to Willenborg Plumbing and Heating in the amount of $66,357.10. RESOLUTION Adopting plans and specifications for the project RESOLUTION Awarding contract to Willenborg Plumbing and Heating Suggested Disposition: Receive and File; Adopt Resolutions 4. Five Flags Center HVAC - Phase II 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 Five Flags Center HVAC - Phase II Project to Geisler Brothers Company in the amount of $116,850. RESOLUTION Adopting plans and specifications for the project RESOLUTION Awarding contract to Geisler Brothers Company Suggested Disposition: Receive and File; Adopt Resolutions 5. Third Street Overpass Decorative Railing 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 Third Street Overpass Decorative Railing Project to Tricon General Construction in the amount of $254,792.80. RESOLUTION Adopting plans and specifications for the project RESOLUTION Awarding contract to Tricon General Construction Suggested Disposition: Receive and File; Adopt Resolutions 6. Port of Dubuque Recognition Wall 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 Port of Dubuque Recognition Wall Project to Tricon General Construction in the amount of $148,000. RESOLUTION Adopting plans and specifications for the project RESOLUTION Awarding contract to Tricon General Construction Suggested Disposition: Receive and File; Adopt Resolutions 10 REINSTATE THE RULES ACTION ITEMS 1. Municipal Communications Utility City Manager recommending support of a resolution urging citizens to support the ballot question authorizing the City of Dubuque to establish a municipal communications utility. RESOLUTION of Support for the ballot question on the authority of the City of Dubuque to establish a communications utility Suggested Disposition: Receive and File; Adopt Resolution 2. Samantha Drive Neighborhood Association Communication from Susan Jewell, Samantha Drive Neighborhood Association, requesting to address the City Council regarding drainage issues affecting the Samantha Drive area. City Manager submitting information regarding the private drainage issues in the Samantha Drive area. Suggested Disposition: Receive and File; Council 3. Gronen Properties LLC/Michele Mihalakis (First Reading on August 15, 2005) City Manager submitting information on calls for service in the neighborhood of 2080 Elm Street and safety of the intersection at 21st and Elm Streets. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 2080 Elm Street from R-2A Alternate Two-Family Residential District to OR Office Residential District Suggested Disposition: Receive and File; Motion 8; Motion A (Super Majority Vote Necessary) 4. Water Works Park - Naming Rights City Manager recommending approval of the naming of the former Hawthorne Street Peninsula as A Y McDonald Park. Suggested Disposition: Receive and File; Approve 5. Hartig/Finley Land Purchase City Manager recommending that the value of City-owned property which the Dick Hartig/Finley Hospital partnership has requested to purchase be established at $4.56 per square foot, or $149,000. Suggested Disposition: Receive and File; Approve 11 6. Arts and Cultural Affairs Advisory Commission Arts and Cultural Affairs Advisory Commission recommending approval of twelve funding requests from Dubuque arts and culture organizations and associated funding agreements. Suggested Disposition: Receive and File; Approve 7. Harvest View Estates Sixth Addition - Final Plat City Manager recommending approval of the final plat of Harvest View Estates Sixth Addition. RESOLUTION Approving the final plat of Harvest View Estates Sixth Addition Suggested Disposition: Receive and File; Adopt Resolution 8. Bricktown Liquor License Violation Hearing City Manager recommending that the liquor license hearing for Bricktown employee Shane Klaas be referred by the City Council to the State of Iowa Liquor Control Board. City Solicitor Bill Blum submitting information regarding the State of Iowa vs. Shane Klaas (Bricktown employee) case. Suggested Disposition: Receive and File; Approve 9. Naming Opportunities at the Grand River Center and Other City Property City Manager recommending that the naming opportunity amount for the Grand River Center (GRC) and other City properties be revised. Suggested Disposition: Receive and File; Approve 10. Application to GSA for Federal Building Conveyance City Manager recommending that the City acquire the Federal Building and begin the complicated application process to the United States Government Services Administration. RESOLUTION Authorizing application to the General Services Administration for historic monument conveyance of the Federal Building to the City of Dubuque Suggested Disposition: Receive and File; Approve 11. Drop-Off Parking on Sixth Street City Manager recommending approval of the installation of a curb cut/drop-off area on Sixth Street, from Locust Street to the alley west of Main Street. ORDINANCE Amending the Code of Ordinances of the City of Dubuque, Iowa, by modifying Subsection (d) of Section 32-262 thereof providing for the addition of drop-off parking on Sixth Street, south side, from Locust Street to the alley west of Main Street Suggested Disposition: Receive and File; Motion 8; Motion A 12 12. Intersection of Marywood Drive and Crissy Drive City Manager recommending approval of the replacement of yield signs with stop signs on Marywood Drive at Crissy Drive. ORDINANCE Amending the Code of Ordinances of the City of Dubuque, Iowa, by modifying Subsection (b) of Section 32-214 thereof providing for the addition of stop signs on Marywood Drive, south intersection, and Crissy Drive ORDINANCE Amending the Code of Ordinances of the City of Dubuque, Iowa, by modifying Subsection (b) of Section 32-216 thereof providing for the deletion of yield at the intersection of Marywood Drive and Crissy Drive Suggested Disposition: Receive and File; Motion B; Motion A 13. National League of Cities Communication from the National League of Cities requesting appointment of a voting delegate and alternate voting delegate for the upcoming, Congress of Cities. Suggested Disposition: Receive and File; Council Appointment 14. Hurricane Katrina City Council Member Dan Nicholson proposing that Dubuque create a sister city-type relationship with Greenwood, Mississippi. Suggested Disposition: Receive and File; Council COUNCIL MEMBER REPORTS PUBLIC INPUT At this time, anyone in the Council Chambers may address the Council on matters which are of concern to that person and which are not an agenda item. Please take your place at the microphone and state your name and address clearly. Proceed with your comments; however, no formal action may be taken at this time on your comments because of the notice requirements of the Iowa Open Meetings Law. CLOSED SESSION Pending Litigation and Property Acquisition - Chapter 21.5(1 )(c)G) 2005 Code of Iowa Jeanne F. Schneider September 2, 2005 13