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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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