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9 5 06 Agenda with icons CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:30 P.M. LIBRARY AUDITORIUM TUESDAY, SEPTEMBER 5,2006 INVOCATION Sister Joy Peterson, President of Sisters of the Presentation SWEARING-IN OF MAYOR PRO-TEM KARLA BRAIG PROCLAMATIONS Public Safety Memorial Day (September 14, 2006) Dubuque, Iowa POW - MIA Recognition Day (September 15, 2006) Assisted Living Week (September 10 -16,2006) ~ ~ ~ CJ Pubic Safety Day POW - MIA Day Assisted Uving Week 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 7/25; City Council of 8/21; Historic Preservation Commission of 8/17; Human Rights Commission of 6/12; long Range Planning Advisory Commission of 8/16; Zoning Board of Adjustment of 7/27 Proof of publication of City Council Proceedings of August 7,2006 Printed City Council Proceedings for month of February, 2006 Library Board of Trustees Update from the meetings of August 24 and August 28, 2006 Suggested Disposition: Receive and File; Approve as Printed ~ "t.:=.J ~ ~ ~ ~ "t.:=.J ~ ~ ACAAC City Council HPC Hurran Rights Long Range Planning Zoning Bd of Adj ~ ~ City Council Proceedings Ubrary Bd Update 2. Notice of Claims/Suits Thomas Koch (Paul's Tavern) for property damage; John Oberhausen for property damage Suggested Disposition: Receive and File; Refer to City Attorney City Attorney advising that the following claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Thomas Koch for property damage City Attorney recommending settlement of the claim of John Oberhausen for property damage and directing the Finance Department to issue payment. Suggested Disposition: Receive and File; Concur; Finance Dept to Issue Payment - - Claim; - ICAP Claim - Settled 3. Citizen Communications Communication from Rose Manders, 1835 Vizaleea Drive, thanking the City Council for approving the Residential Parking Permit District on Vizaleea Drive. Communication of Penny Ehlinger, 1017 Aspect Court, regarding the Americans with Disabilities Act. Suggested Disposition: Receive and File - - Manders ltr Ehlinger lir 2 4. Regency Iowa, Inc. Communication from Regency Iowa, Inc. advising that Regency Thermographers, located at 750 White Street, Dubuque, Iowa, will be permanently closing. Suggested Disposition: Receive and File Ii Regency Notice 5. Iowa Department of Economic Development Steven R. McCann, City Development Board Administrator, submitting the Findings of Fact and Conclusions of Law and The Final Order filed by the City Development Board approving the voluntary annexation petition submitted by the City of Dubuque. Suggested Disposition: Receive and File fll Annexation - McCann Ur 6. Iowa Department of Natural Resources Notification of Violation from the Iowa Department of Natural Resources for the City's Wastewater Treatment facility. Suggested Disposition: Receive and File; Refer to the City Manager fll Iowa DNR Ur 7. Comprehensive Plan Update Long Range Planning Advisory Commission submitting the July 2006 Report on the Comprehensive Plan Update process. Suggested Disposition: Receive and File ~ ~ Update - LRPAC Ur Infrastructure Goal Comrents 3 8. Historic District Public Improvement Program - Four Mounds Interpretive Signs Historic Preservation Commission recommending City Council approval of $7,394.23 of Historic District Public Improvement Project (HDPIP) funding for the installation of three outdoor interpretive signs and a concrete walk within the farm campus of Four Mounds. Suggested Disposition: Receive and File; Approve ~... ~ Ii Four Mounds Ur ~ ~ Signs - HPC Ur Signs - Staff Report 9. Historic District Public Improvement Program - Four Mounds Archeological Survey Historic Preservation Commission recommending City Council approval of $2,304.06 of HDPIP funding for the Phase I Intensive Archeological Survey and Evaluation on the cultured grounds of Four Mounds. Suggested Disposition: Receive and File; Approve ~- ,= - Ii Ii ~ Four Mounds - HPC Ur Survey - Four Mounds Ur Four Mounds Project Area Survey - Staff Report 10. Historic Sites Preservation Grant Application City Manager recommending approval of the submission of a grant application for $55,250 from the Historic Sites Preservation Grant program for rehabilitation of the White Water Creek Bridge and authorizing the use of the Bridge Maintenance CIP as the source of the required local match. RESOLUTION Authorizing an application to the Historic Sites Preservation Grant Program for the White Water Creek Bridge Suggested Disposition: Receive and File; Adopt Resolution ~ ~ ~ Ii Ii Ii Bridge - MVM Merro Bridge - Staff Merro Bridge - Resolution Bridge - Aerial Map Bridge Drawing Bridge - Relocation Map Ii Ii Brdge - Budget Estirrete Bridge - Grant Application 4 11. Operating Engineers' Collective Bargaining Agreement City Manager recommending approval of an amendment to the collective bargaining agreement with the International Union of Operating Engineers, Local #758, that would provide for a work week that consists of ten hours per day/four days per week for full- time Public Safety Dispatchers. Suggested Disposition: Receive and File; Approve ~ ~ ~ Arrendrrent - MVM Merrn Arrendrrent - Staff Merrn Arrendrrent 12. Utility Expense and Cost Analysis Study City Manager recommending approval of a Management Consulting Service Agreement with Springsted, Inc. to conduct a Utility Expense and Cost Analysis Study. RESOLUTION Approving the Agreement for Management Consulting Services between the City of Dubuque, Iowa, and Springsted, Inc. for the Public Utility Expense and Cost Analysis Study Suggested Disposition: Receive and File; Adopt Resolution ~ ~ ~..~ ...~. - Ii Utility - MVM Merrn Utility - Staff Merrn Utility - Resolution Utility - Agreerrent 13. Lower Main Development, LLC City Manager recommending approval of a Downtown Rehabilitation Loan in the amount of $300,000 to Lower Main Development, LLC for rehabilitation of the former Weber Paper Building located at 137 Main Street. RESOLUTION Authorizing the completion of a Downtown Rehabilitation Loan to Lower Main Development LLC Suggested Disposition: Receive and File; Adopt Resolution ~ ~ ~ u ~ c.J ~ c.J Lower Main - MVM Lower Main - Staff Memo Memo Lower Main - Resolutkm Lower Main - Prorrissory Note Lower Main - Rehab Loan Lower Main- Mortgage 5 14. Establishment of Fair Market Value City Manager recommending that the fair market value for property located at 1721 Elm Street be established at Forty-Eight Thousand Dollars ($48,000). RESOLUTION Establishing the Fair Market Value of real property owned by Troy Hansen located at 1721 Elm Street in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution ~ IiVlil'l ~ ~ Value - MVM Merro Value - Staff Merro Value - Resolution 15. Asbury Plaza Area Lift Station and Force Main Project City Manager recommending approval of the selection of IIW Engineers and Surveyors, P.C. to perform engineering services for the Asbury Plaza Area Lift Station and Force Main Project at a cost of $49,000. Suggested Disposition: Receive and File; Approve ~ ~ fii fii fii fii ~ un Station - MVM Uft Station - Staff Asbury Plaza un Uft Station - Exhibt Asbury Plaza Uft Asbury Piaza Merro Merro Station RFP A Station CIP Feasibility Report 16. Relocation Services for Bee Branch Realignment Project City Manager recommending approval of a contract with the East Central Intergovernmental Association for services in connection with residential acquisitions and relocations for the Bee Branch Realignment Project. RESOLUTION Approving a contract with the East Central Intergovernmental Association for acquisition and relocation assistance services Suggested Disposition: Receive and File; Adopt Resolution ~ IiVlil'l ~ ~ Ii Bee Branch - MVM Merro Bee Branch - Staff Merro Bee Branch- Resolution Bee Branch - ECIA Proposal 6 17. Telecommunications Carrier Assessment Study City Manager recommending approval of the selection of RSM McGladrey to complete a Telecommunications Carrier Assessment Study in cooperation with the County of Dubuque. Suggested Disposition: Receive and File; Approve ~ IiV@'I ~ Iii Study - MVM Merro Study - Staff Merro RSM McGladrey Proposal 18. Siegert Farm Lease Extension City Manager recommending approval to enter into a one-year lease extension on the north farm (Middle Road) and a three-year lease extension on the south farm (Cousins Road) with William and Janet Siegert. RESOLUTION Approving a farm lease with William and Janet Siegert Suggested Disposition: Receive and File; Adopt Resolution ~ L::J ~ ~ ~ II Siegert - MVM Merro Sek;jert - Staff Merro Sek;jert - Resolution Siegert - Arrendrrent Siegert - Farm Lease to Lease 19. Safe Roads to School Grant Communication from Elizabeth Bonz, City Administrator of the City of Asbury, requesting approval of a resolution of support for the Intersection Improvement Project to assist the City of Asbury in obtaining funds from the Safe Roads to School Grant. RESOLUTION Expressing support for the City of Asbury Intersection Improvement Project Suggested Disposition: Receive and File; Adopt Resolution II ~ Asbury Ltr Asbury - Resolution 7 20. Residential Parking Permit District Communication from Mr. Shannon Mussman submitting a petition requesting that Hansel Drive be designated as a Residential Parking Permit District. Suggested Disposition: Receive and File; Refer to City Manager e RPPD Request 21. Request to Purchase Communication from Stephen J. Schmall, Vice President for Finance and Administration Services - Loras College, requesting to purchase a portion of the City alley abutting their property. Suggested Disposition: Receive and File; Refer to City Manager e Loras College Request 22. Pandemic Influenza Plan City Manager submitting the Dubuque County Pandemic Influenza Plan for City Council review. Suggested Disposition: Receive and File ~ ~ ~:;, ~ ~ o Ii Plan - MVM Merro Plan - Staff Merro Panderric Influenza Plan 23. Mediacom System Upgrade City Manager recommending that the City Council receive and file a Mediacom notice that they intend to begin their upgrade of the Dubuque cable system in mid-September. Suggested Disposition: Receive and File ~ ~ o Ii Mediacom - MVM Merro Mediacom - Staff Merro Mediacom Ur 8 24. Iowa Department of Public Health (IDPH) Childhood Lead Poisoning Funding and Agreement with the Visiting Nurse Association (VNA) and the Dubuque County Board of Health City Manager recommending execution of a contract with the Dubuque County Board of Health for continued funding of the Childhood Lead Poisoning Prevention Program (CLPPP) and a renewed agreement with the Visiting Nurse Association (VNA) for services related to the CLPPP. Suggested Disposition: Receive and File; Approve ~ ~ ~ ~ Ii IDHP - MVM Merro IDPH - Staff Merro Subcontract w~h VNA Agreerrent County IDPH Contract 25. Dubuque Screw Products Communication from James E. Goodman, Jr., representing Dubuque Screw Products, requesting approval of the assignment of the Development Agreement between the City of Dubuque and Dubuque Screw Products to Beck Construction. Suggested Disposition: Receive and File; Refer to City Manager Ii Ii Dubuque Screw Products Ltr Assignrrent of Dev Agr 26. Contracts City Manager advising that he has signed the following contracts: -- Roadway Maintenance Agreement -- Encephalitis Monitoring Memorandum of Understanding with the Iowa Department of Public Health Amendment -- Asbury Road Culvert and Garfield Street Manhole Repairs Suggested Disposition: Receive and File ~ Ii Ii Ii Contracts - MVM Maintenance Encephal~is MOU Asbury Road Merro Agreerrent 27. Improvement Contracts I Performance, Payment and Maintenance Bonds -- National Mississippi River Museum and Aquarium Expansion Project - Former Adams Company Building Re-Roof and Structural Repairs Project -- Paint Ham House Trim Project Suggested Disposition: Receive and File 9 Ii Ii River Museum Contract Paint Ham House Project 28. Liquor License Transfer Request of Chad Witthoeft, Isabella's at the Ryan House, requesting to transfer his liquor license to 1000 Jackson Street for Voices for the Art on September 17, 2006. Suggested Disposition: Receive and File; Approve 29. Business License Refund Request of Laurie Vigen, The Avenew Sports Bar, for a refund of the liquor license in the amount of $633.75. Suggested Disposition: Receive and File; Approve Refund 30. Business Licenses RESOLUTION Granting the issuance of three renewal permits to sell cigarettes and cigarette papers within the City RESOLUTION Granting the issuance of a Class "B" Beer (5-Day Special Event) Permit to Carlos O'Kelly's; Class "B" Beer Permit to Taqueria Mexico; and Class "C" Beer Permit to Wal-Mart Super Center, Phillips 66/Arbys, Kwik Stop Food Mart, and Family Mart RESOLUTION Granting the issuance of a Class "C" Beer/Liquor License to Europa House, Angie's Bar, Lucky 13 Tap, Grand River Center, Red Robin Burgers and Rudy's Tacos; Class "B" Wine Permit to Wal-Mart Super Center; and a Class "WBN" Wine Permit to Mandolin Inn Suggested Disposition: Adopt Resolutions ~ u ~ Ii Poke Reports ResolutKln # 1 Resolution #2 Resolution #3 ITEMS TO BE SET FOR PUBLIC HEARING 1. Eagle Point Park Roofing Projects City Manager recommending initiation of the public bidding process for the Eagle Point Park Roofing Projects and that a public hearing be set for October 2, 2006. RESOLUTION Preliminary approval of plans and specifications RESOLUTION Setting date of hearing on plans and specifications RESOLUTION Ordering bids 10 Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 1 0/2/06 ~ EJ ~ ~ Eagle Point - MVM Merro Eagle Point - Staff Merro Eagle Point - Resolutions 2. Individual Historic Designation - 565 Fenelon Place Communication from the Long Range Planning Advisory Commission recommending that a public hearing be set for November 6, 2006 to consider approval of the Individual Historic Designation of 565 Fenelon Place. Suggested Disposition: Receive and File; Public Hearing 11/6/06 ~ ~ Ii Ii Ii ~ S65 Fenelon - LRPAC 565 Fenelon - Staff 565 Fenelon - lir Merro Application State Inventory S65 Fenelon - VICinity 565 Fenelon - Sstaff Form Map Report ~ ~ EJ ~ EJ ~..... LJ ~ ~ EJ Individual 565 Fenelon - Photo S65 Fenelon - Photo 565 Fenelon - Photo 565 Fenelon - Photo 565 Fenelon - Photo Designation Ord #1 #2 #3 #4 #5 ~ EJ 565 Fenelon - Photo #6 BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Boards/Commissions: Airport Commission (One four-year term through 9/14/10 - Term of Accinelli) Applicants: Steven R. Accinelli, Eric R. Savage Environmental Stewardship Advisory Commission (One vacant three-year term through 10/1/09) Applicant: Gayle Casel Historic Preservation Commission (One unexpired three-year term through 7/1/08 - Old Main District and one unexpired three-year term through 7/1/08 - Langworthy District) Applicant: Keisha Wainwright - Langworthy District ~ ~ Ii Ii Ii Overview Sheet Bd and Corrrn Ust Airport Applications ESAC Application HPC Application 11 PUBLIC HEARINGS SUSPEND THE RULES 1. Loras College - Request to Vacate Proof of publication of notice of hearing to consider a request from Loras College to vacate and purchase a portion of a City-owned alley between West 16th Street and West 1 ih Street west of Catherine Street and City Manager recommending approval. RESOLUTION Approving plat of proposed vacating of the westerly thirty feet of the alley between West 16th Street and West 17th Street west of Catherine Street RESOLUTION Vacating the westerly thirty feet of the alley between West 16th Street and West 1ih Street west of Catherine Street RESOLUTION Disposing of City interest in Lot 44A of Yates' Subdivision of Outlots 780 and 713 in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution ~ ~ ~ rw Loras - MVM Merro Loras - Staff Merro loras - Resolutions Loras - Qu~ Claim Deed Material from August 21, 2006 City Council Meeting ~ ~ ~ E1 ~ "..~>' .. rw rw Ii loras - MVM Merro Loras - Staff Merro Loras - Resolution Loras - Vicinity Map Loras - Plat of Survey Loras College Ur 2. Vacate Unnamed Road Off of Rosedale Avenue Proof of publication of notice of hearing to consider vacating a portion of an unnamed street off of Rosedale Avenue and City Manager recommending approval. RESOLUTION Approving plat of Lot D and Lot E of Rosedale Addition NO.2 in the City of Dubuque, Dubuque County, Iowa, being the proposed vacating of an unnamed road south of Rosedale Avenue near Glen Oak Street in the City of Dubuque, Dubuque County, Iowa RESOLUTION Approving plat of Lot F and Lot G of Rosedale Addition NO.2 in the City of Dubuque, Dubuque County, Iowa, being the proposed vacating of an unnamed road south of Rosedale Avenue near Glen Oak Street in the City of Dubuque, Dubuque County, Iowa RESOLUTION Vacating an unnamed road south of Rosedale Avenue near Glen Oak Street in the City of Dubuque, Dubuque County, Iowa RESOLUTION Disposing of City interest in Lots D, E, F and G of Rosedale Addition No. 2 in the City of Dubuque, Dubuque County, Iowa 12 Suggested Disposition: Receive and File; Adopt Resolution ~ ~ ~" c.,.~'.0 ~ Ii Rosedale - MVM Merro Resedale - Staff Merro Rosedale - Resolutions Rosedale - Qu~ Claim Deeds Material from August 21, 2006 City Council Meeting u ~ ~ Ii Ii .. Rosedale - MVM Rosedale - Staff Rosedale - Rosedale - VlCin[y Rosedale - Plats of Merro Merro Resolution Map Survey 3. Fourth Street Extension Vacating Proof of publication of notice of hearing to consider vacating the Fourth Street Extension to reconstruct the street in this area to provide access to the Shot Tower and parking areas adjacent to the Brewery and City Manager recommending approval. RESOLUTION Approving plat of proposed vacating of Fourth Street Extension RESOLUTION Vacating Fourth Street Extension Suggested Disposition: Receive and File; Adopt Resolution ~ Ii[] Ii[] Fourth St - MVM Merro Fourth St - Staff Merro Fourth St - Resolutions Material from August 21, 2006 City Council Meeting u u U Ii Ii 4th Street - MVM 4th Street - Staff 4th Street - 4th Street - Viein[y 4th Street - Plat of Merro Merro Resolution Map Survey 4. Highway 20 Landscaping - Phase II Project Proof of publication of notice of hearing to consider adoption of the plans and specifications for the Highway 20 Landscaping - Phase II Project and City Manager recommending award of the contract to Smith Seeding in the amount of $240,657. RESOLUTION Adopting plans and specifications RESOLUTION Awarding contract RESOLUTION Approving construction contract with Smith Seeding for the Highway 20 Landscaping - Phase II Project 13 Suggested Disposition: Receive and File; Adopt Resolutions IiiR>I EJ ~ ~ Hwy 20 - MVM Merro Hwy 20 - Staff Merro Hwy 20 - Resolutions Material from July 5, 2006 City Council Meeting ~ IiiR>I EJ ~ Hwy 20 - MVM Merro Hwy 20 - Staff Merro Hwy 20 - Resolutions 5. US 20 (Devon Drive to Menards) Capacity Improvements Project Proof of publication of notice of hearing to consider adoption of the plans and specifications for the US 20 (Devon Drive to Menards) Capacity Improvements Project and City Manager advising that the only bid received was incomplete and therefore the project will be re-bid later this year. RESOLUTION Rejecting the contract bid proposal for the US 20 (Devon Drive to Menards) Capacity Improvements Project - Phase I Traffic Signal and Intelligent Transportation System Improvements (STP-A-020-9(186)-22-31) Suggested Disposition: Receive and File; Adopt Resolution ~ EJ ~ ~ US 20 - MVM Merro US 20 - Staff Merro US 20 - Resolution Material from August 7,2006 City Council Meeting ~ ~ IiiR'l ~ US 20 - MVM Merro US 20 - Staff Merro US 20 - Resolutions 6. Loras Boulevard Traffic Signalization Replacement Project Proof of publication of notice of hearing to consider adoption of the plans and specifications for the Loras Boulevard Traffic Signalization Replacement Project and City Manager recommending award of the contract to Portzen Construction, Inc., in the amount of $282,680.25. RESOLUTION Adopting plans and specifications RESOLUTION Awarding contract RESOLUTION Approving construction contract with Portzen Construction, Inc. for the Loras Boulevard Traffic Signalization Replacement Project 14 Suggested Disposition: Receive and File; Adopt Resolutions ~ ~ "t:!J ~ "t:!J Ii Loras Blvd - MVM Merro Loras Blvd - Staff Merro Loras Blvd - Resolutions Loras Blvd - Bid Tab Material from August 7,2006 City Council Meeting ~-- '.:~" -- ~ ~ Loras - MVM Merro Loras - Staff Merro Loras - Resolutions REINSTATE THE RULES ACTION ITEMS 1. Dubuque Main Street, Ltd. Dan LoBianco, Dubuque Main Street, Ltd., to provide verbal quarterly report. Suggested Disposition: Receive and File Ii DMSL - Quarterly Report 2. Request to Address the City Council Request of Tara Winger regarding discrimination in housing. Suggested Disposition: Receive and File; Council Ii Winger Ltr 3. Architectural Services for Federal Building City Manager recommending approval to enter into an agreement with Neumann Monson Architects to provide design services for the Federal Building project in the amount of $118,580. RESOLUTION Approving an agreement with Neumann Monson Architects for services related to the design and adaptive reuse of the Federal Building Suggested Disposition: Receive and File; Adopt Resolution ~ "t:!J ~ ~ Ii Federal B1dg - MVM Merro Federal B1dg - Staff Merro Federal Bldg - Resolution Neumann Monson Proposal 15 4. America's River Corporation City Manager recommending approval of a contribution of up to $5,000 toward the deficit of the 2006 America's River Festival based on a request from Jerry Enzler, Chair of America's River Corporation. Suggested Disposition: Receive and File; Approve ~ Ilfl Ii Ii Arrericas River - MVM Merro Enzler Ltr Arrerica's River By-Laws Arrerica's River - 2003 Merros 5. Municipal Infraction Penalties City Manager recommending approval of an ordinance amending the City of Dubuque Code of Ordinances to increase the amount of the penalties for civil infractions. ORDINANCE Amending the City of Dubuque Code of Ordinances Section 1-16 Penalties for Civil Infractions by increasing the amount of the penalties Suggested Disposition: Receive and File; Motion B; Motion A ~ ~ EJ ~ EJ ~ Infractions - MVM Merro Infractions - Staff Merro Infractions - Ordinance Suggested Motion 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. Jeanne F. Schneider August 31, 2006 16