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8 7 06 Agenda NO icons CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:30 P.M. LIBRARY AUDITORIUM MONDAY, AUGUST 7,2006 INVOCATION Reverend John Sorenson, Pastor of Lord of Life Lutheran Church PROCLAMATIONS Responsible Gaming Week (August 7 -11,2006) Cory Bowman Week (August 23 - 28, 2006) Tour De Dubuque Day (August 26, 2006) 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 Airport Commission of 7/9/06; Arts and Cultural Affairs Advisory Commission of 5/23 and 6/12; City Council of 7/19; Housing Commission of 6/27; Housing Commission Trust Fund Committee of 7/25; Investment Oversight Advisory Commission of 7/26; Long Range Planning Advisory Commission of 7/19 Proof of publication of City Council Proceedings of July 5, 2006 Library Board ofTrustees Update of July 27, 2006 Investment Oversight Advisory Commission 53rd Quarterly Report Suggested Disposition: Receive and File 2. Notice of Claims/Suits Gary M. Blosch for property damage; Bernice M. Breitfelder for property damage; Milton Ernst for property damage; Emily Freiburger for property damage; Barbara L. Hansen for personal injury/vehicle damage; Ralph G. Hemesath for property damage; Cynthia Henkel and Tracey Tittle for property damage; Gerald B. Hingtgen for vehicle damage/personal injury; Jamie Lee Kremer for property damage; Leo Link for property damage; Ricky Meyer for personal injury; Gerald Pickel for property damage; Barbara J. Schnee for vehicle damage; Gary and Tina Smith for property damage; Laverne Strohmeyer for property damage Suggested Disposition: Receive and File; Refer to City Attorney City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: City of Bellevue for vehicle damage; Gary M. Blosch for property damage; Barbara L. Hanson for personal injury/vehicle damage; Cynthia Henkel and Stacey Tittle for property damage; Gerald Hingtgen for personal injury/property damage; Jane M. Jaeger for property damage; Robert Kaesbauer for property damage; Leo Link for property damage; Ricky Meyer for personal injury; Gerald F. Pickel for property damage; Michael Rooney for property damage; Michael Skahill for property damage; Laverne Strohmeyer for property damage; Bernice M. Breitfelder for property damage; Ralph G. Hemesath for property damage; Jamie Lee Kremer for property damage; Barbara J. Schnee for vehicle damage; and Gary and Tina Smith for property damage Suggested Disposition: Receive and File; Concur 3. Dubuque Bank and Trust Communication from Nelson Klavitter, Dubuque Bank and Trust, requesting voluntary annexation of property located at 2690 Rockdale Road into the City of Dubuque. Suggested Disposition: Receive and File; Refer to City Manager 4. Requests to Purchase Communication from Stephen J. Schmall, Loras College, requesting to purchase a portion of a City-owned alley abutting their property. Communication from KC Jones, Airgas-North Central, Inc., requesting to purchase a portion of Kerper Boulevard as it abuts property being purchased at 2240 Kerper Boulevard. Suggested Disposition: Receive and File; Refer to City Manager 5. 2007 Fireworks Display Request of the Dubuque Jaycees, KDTH, KATF, KGRR and The River to conduct a fireworks display on Tuesday, July 3, 2007 on Volunteer Road between Hawthorne and Lime, with a rain date of July 4,2007. Suggested Disposition: Receive and File; Approve 6. Department of the Army Communication from the Department of the Army advising of public meetings to be held by the Mississippi River Commission. Suggested Disposition: Receive and File 2 7. Certified Local Government (CLG) Program Grant Application City Manager recommending support for an application to the State Historical Society of Iowa for a Fiscal Year 2007 Certified Local Government (CLG) Grant to conduct a Phase I Four Mounds Archeological Investigation. RESOLUTION Authorizing the submission of an application for Certified Local Government (CLG) program funding to conduct a Phase I Archeological Investigation at Four Mounds Estate Suggested Disposition: Receive and File; Adopt Resolution 8. Emergency Preparedness and Security Information City Manager recommending approval of a resolution providing for the confidentiality of emergency preparedness information and security procedures where, if disclosed, could reasonably be expected to jeopardize the safety of City employees, visitors, persons, or property. RESOLUTION Adopting a Security Information Policy for the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution 9. Engineering Services Contract Award for the Clear Well/Baffling Rehabilitation Project City Manager recommending approval of the selection of Veenstra & Kimm, Inc., to provide engineering services for the Clear Well/Baffling Rehabilitation Project in the amount of $62,000. Suggested Disposition: Receive and File; Approve 10. Community Economic Betterment Account (CEBA) Loan - Sedgwick CMS City Manager recommending approval of the execution of a CEBA Loan Agreement by and among the Iowa Department of Economic Development, Sedgwick CMS and the City of Dubuque. RESOLUTION Authorizing the execution of a Community Economic Betterment Account Loan Agreement for One Hundred and Fifty Thousand Dollars ($150,000) with Sedgwick CMS Suggested Disposition: Receive and File; Adopt Resolution 11. Handan City Communication from Ding Ynghui, Vice-Mayor of Handan City, thanking the City of Dubuque for the hospitality received during their recent visit and inviting the Mayor and City Council to Handan City. Suggested Disposition: Receive and File 3 12. Sisters of St. Francis Communication from the Sisters of St. Francis requesting that the City Council develop a comprehensive plan to reduce carbon emissions into the atmosphere. Suggested Disposition: Receive and File 13. Legislative Communications Communication to local legislators in appreciation of their vote against efforts to override Governor Vilsack's veto of HF 2351 regarding the use of eminent domain. Communication to Senator Tom Harkin and Senator Charles Grassley expressing opposition to H.R. 5252, the Advanced Telecommunications and Opportunity Reform Act (ATOR). Suggested Disposition: Receive and File 14. Community Health Center City Manager recommending approval of the payment of $250,000 in support of the Community Health Center as authorized through the Fiscal Year 2007 budget. RESOLUTION Authorizing the distribution of $250,000 to the Tri-State Community Health Center in Dubuque for capital and equipment funding Suggested Disposition: Receive and File; Adopt Resolution 15. Environmental Stewardship Advisory Commission Resignation of Andrea Bixler from the Environmental Stewardship Advisory Commission. Suggested Disposition: Receive and File 16. Worker's Compensation Claim City Manager recommending settlement of the worker's compensation claim of Brian Cortez. Suggested Disposition: Receive and File; Approve 4 17. Community Economic Betterment Account (CEBA) Loan - Kunkel Bounds & Associates, Inc. City Manager recommending approval of the execution of a CEBA Loan Agreement by and among the Iowa Department of Economic Development, Kunkel Bounds & Associates, Inc. and the City of Dubuque. RESOLUTION Authorizing the execution of a Community Economic Betterment Account Loan Agreement for Seventy-Five Thousand Dollars ($75,000) with Kunkel Bounds & Associates, Inc. Suggested Disposition: Receive and File; Adopt Resolution 18. Purchase of Property - 1731 Elm Street City Manager recommending approval of the purchase of property located at 1731 Elm Street to be used for construction of additional parking at the new Community Health Center. RESOLUTION Approving the acquisition of real estate located at 1731 Elm Street in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution 19. Unified Development Code (UDC) Consultant Contract City Manager recommending approval of the contract with JEO Consulting Group, Inc., the consultant selected for the preparation of a Unified Development Code for the City of Dubuque, in the amount of $119,850. Suggested Disposition: Receive and File; Approve 20. Comprehensive Plan Update Long Range Planning Advisory Commission submitting the July 2006 Report on the Comprehensive Plan Update process. Suggested Disposition: Receive and File 21. City Development Board Communication from Steven R. McCann, City Development Board Administrator, advising that the Board will consider the City of Dubuque's voluntary annexation request for property owned by Motor City LLC, John and Sally Jo Herrig, and Dean and Patricia Butler at the August 9, 2006 City Development Board meeting. Suggested Disposition: Receive and File 5 22. Prosperity Eastern Iowa Marketing Efforts City Manager recommending approval of a contract with ECIA to assist in funding a collaborative marketing effort by Prosperity Eastern Iowa to promote economic development opportunities. Suggested Disposition: Receive and File; Approve 23. Transportation Planner - ECIA Agreement City Manager recommending approval of a contract with ECIA to assist in funding a part-time transportation planner to primarily provide traffic and transportation planning for the City of Dubuque Engineering Department and Planning Services Department. Suggested Disposition: Receive and File; Approve 24. Subdivision of Lot - Conlon Johnson Development LLC City Manager recommending approval to subdivide Parcel F adjacent to the Dubuque Technology Park to accommodate the development plans submitted by Conlon John Development, LLC. RESOLUTION Approving Plat of Survey of Lot 1 of F and Lot 2 of F in Dubuque Technology Park in the City of Dubuque, Iowa RESOLUTION Approving Plat of Survey of Dubuque Technology Park No.2 in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolutions 25. Subdivision of Lot - First Supply, LLC City Manager recommending approval to subdivide Lot 3 in the Dubuque Industrial Center West 5th Addition to accommodate First Supply LLC's need for a five acre expansion site. RESOLUTION Approving Plat of Survey of Lot 1 of 3 and Lot 2 of 3 Dubuque Industrial Center West 5th Addition in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 8/21/06 26. Quarterly Investment Report City Manager submitting the Finance Department Quarterly Investment Report for the period of April 1 through June 30, 2006. Suggested Disposition: Receive and File 6 27. Installation of Street Lights - 1105 Locust Street Historic Preservation Commission recommending approval of the installation of restored antique street lights in the City right-of-way abutting 1105 Locust Street as requested by Dave Stuart. Suggested Disposition: Receive and File; Approve 28. Fire Training Facility - Connection Charge City Manager recommending approval of the payment of the $4,659.70 sanitary sewer connection fee for the Dubuque County Emergency Responder Training Center. Suggested Disposition: Receive and File 29. State of Iowa Press Release Press release issued by the State of Iowa recognizing the City of Dubuque Housing Department for their efforts to develop or preserve independent living units to ensure people with disability have access to housing in our community. Suggested Disposition: Receive and File 30. Improvement Contracts I Performance, Payment and Maintenance Bonds -- Grand River Center Fountain Sign Rehabilitation Project -- Five Flags Arena Fall Protection Project Suggested Disposition: Receive and File 31. Business Licenses RESOLUTION Granting the issuance of two renewal permits to sell cigarettes and cigarette papers within the City limits RESOLUTION Granting the issuance of a Class HC" Liquor License to Choo Choo Charlies, Bell Tower Productions and Players Sports Bar Suggested Disposition: Adopt Resolutions 7 ITEMS TO BE SET FOR PUBLIC HEARING 1. Conlon Johnson Development LLC Development Agreement City Manager recommending that a public hearing be set for August 21, 2006 to consider approval of a Development Agreement and selling 4.694 acres of land in Dubuque Technology Park to Conlon Johnson Development LLC for construction of a 22,000 square foot office building. RESOLUTION Intent to dispose of an interest in City of Dubuque real estate and fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa on the proposed issuance of Urban Renewal Tax Increment Revenue Obligations and the execution of a Development Agreement relating thereto with Conlon Johnson Development LLC, and providing for the publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 8/21/06 2. US 20 (Devon Drive to Menards) Capacity Improvements Project City Manager recommending initiation of the public bidding process for the US 20 (Devon Drive to Menards) Capacity Improvements Project and that a public hearing be set for September 5, 2006. RESOLUTION Preliminary approval of plans and specifications RESOLUTION Setting date of hearing on plans and specifications Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 9/5/06 3. Loras Boulevard Traffic Signalization Replacement Project City Manager recommending initiation of the public bidding process for the Loras Boulevard Traffic Signalization Replacement Project and that a public hearing be set for September 5, 2006. RESOLUTION Preliminary approval of plans and specifications RESOLUTION Setting date of hearing on plans and specifications RESOLUTION Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 9/5/06 8 4. Expansion of First Supply LLC City Manager recommending that a public hearing be set for September 18, 2006 to consider selling five acres of land in Dubuque Industrial Center West to First Supply LLC to construct a 30,000 square foot distribution warehouse. RESOLUTION Intent to dispose of an interest in City of Dubuque real estate, setting a time and place for hearing on a Development Agreement relating thereto with First Supply LLC, and providing for the public of notice thereof Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 9/18/06 BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Boards/Commissions: Environmental Stewardship Advisory Commission (One 1-year youth term - term of Miller) Applicant: Claire Miller Housing Advisory Trust Fund Committee (One 3-year at-large term through 8/17/09- term of Hingtgen) Applicant: Doris M. Hingtgen Housing Commission (Three 3-year at-large terms through 8/17/09 - terms of Culbertson, Holz and Grant and one 3-year Section 8 term through 8/17/09 - term of Plein) At-Large Applicants: Dorothy A. Culbertson, Jim Holz Section 8 Applicant: John J. Plein PUBLIC HEARINGS SUSPEND THE RULES 1. Residential Parking Permit District - Vizaleea 1 Keymont Street Proof of publication on notice of hearing to consider a request to form a Residential Parking Permit District in the Vizaleea / Keymont Street area and City Manager recommending approval. ORDINANCE Amending the Code of Ordinances of the City of Dubuque, Iowa by adopting a new Section 32-401 providing for the designation of Vizaleea Drive from Pennsylvania Avenue to Keystone Drive and Keymont Drive from Keyway Drive to its westerly terminus as a Residential Parking Permit District Suggested Disposition: Receive and File; Motion B; Motion A 9 2. Cedar Street and Dog Track Wastewater Pumping Stations Improvement Project Proof of publication on notice of hearing to consider adoption of the plans and specifications for the Cedar Street and Dog Track Wastewater Pumping Stations Improvement Project and City Manager recommending approval and award of the contract to Portzen Construction, in the amount of $1,400,000, with the possibility of a $100,000 deduction in the contract price for an alternative pump selection. RESOLUTION Adopting plans and specifications RESOLUTION Awarding contract RESOLUTION Approving construction contract with Portzen Construction, Inc. Suggested Disposition: Receive and File; Adopt Resolutions 3. National Mississippi River Museum and Aquarium Expansion Project I Former Adams Company Building Re-Roof and Structural Repairs Project Proof of publication on notice of hearing to consider adoption of the plans and specifications for the National Mississippi River Museum and Aquarium Expansion Project I Former Adams Company Building Re-Roof and Structural Repairs Project and City Manager recommending approval and further recommending that all bids be rescinded and the project re-advertised with award of the contract on August 21 , 2006. RESOLUTION Adopting plans and specifications RESOLUTION Rejecting the contract bid proposals for the National Mississippi River Museum and Aquarium Expansion Project, Former Adams Company Building Re-Roof and Structural Repairs (EDA Project No. 05-01-03816) and ordering that the project be re-bid RESOLUTION Ordering bids for the National Mississippi River Museum and Aquarium Expansion Project, Former Adams Company Building Re-Roof and Structural Repairs (EDA Project No. 05-01-03816) Suggested Disposition: Receive and File; Adopt Resolutions REINSTATE THE RULES 10 ACTION ITEMS 1. Sidewalk Installation Delay Request City Manager recommending that the request of Mr. and Mrs. Michael Lombardi, 948 Spires Drive, and Mr. and Mrs. Richard Soens, 978 Spires Drive, to delay the installation of new public sidewalk ion the Knight Court side of their property be approved and that the City's sidewalk policy be amended. Suggested Disposition: Receive and File; Approve 2. Liquor License - Gin Rickey's City Manager recommending that the liquor license for Gin Rickey's be approved for a period of six months. RESOLUTION Granting a six-month Class "C" Liquor License to Gin Rickey's Suggested Disposition: Receive and File; Adopt Resolution 3. Dubuque Screw Products, Inc. City Manager submitting a request from Dubuque Screw Products, Inc. to assign the Purchase Agreement, but not the Development Agreement, approved by the City Council on June 19, 2006 to Beck Construction, Inc. Suggested Disposition: Receive and File; Council 4. Fiscal Year 2007 Dubuque County REAP Plan City Manager recommending approval of the City of Dubuque's update of the FY 2007 Dubuque County REAP Plan, submittal of the FY 2007 REAP grant application of $200,000 for the Trolley Line Trail at Eagle Point Park and appointment of a City Council representative (currently Council Member Joyce Connors) to the REAP Committee. RESOLUTION Authorizing a REAP Grant Application to the Iowa Department of Natural Resources for Trolley Line Trail Suggested Disposition: Receive and File; Adopt Resolution; Council Appointment 5. Iowa League of Cities' Legislative Issues Survey City Manager recommending approval of the City's response to the Iowa League of Cities' Legislative Issues Survey. Suggested Disposition: Receive and File 11 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)O) 2005 Code of Iowa Jeanne F. Schneider August 3, 2006 12