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9 5 06 Minutes this meeting CITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Regular Session, Tuesday, September 5,2006 Council met at 6:30 P.M. in the Public Library Auditorium Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of discussing such matters which may properly come before the Council. Invocation was given by Sister Joy Peterson, President of Sisters of the Presentation Mayor Buol swore in Mayor Pro-Tem Karla Braig Proclamations: Public Safety Memorial Day (September 14, 2006) received by Reverend David Pacholke; Dubuque, Iowa POW - MIA Recognition Day (September 15, 2006) received by Elaine Palen and Mike Neyens; Assisted Living Week (September 10-16, 2006); and Support the International Dragon Boat Days (September 9-10,2006) received by Doug and Jean McCallum CONSENT ITEMS 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, upon motion received and filed. Proof of publication of City Council Proceedings of August 7, 2006, upon motion received and filed. Printed City Council Proceedings for month of February, 2006, upon motion received and filed and approved as printed. Library Board of Trustees Update from the meetings of August 24 and August 28, 2006, upon motion received and filed. Notice of Claims/Suits: Thomas Koch (Paul's Tavern) for property damage; John Oberhausen for property damage, upon motion received and filed and referred to the City Attorney for i nvestig atio n/ report. 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, upon motion received and filed. City Attorney recommending settlement of the claim of John Oberhausen for property damage and directing the Finance Department to issue payment, upon motion received and filed and approved recommendation and Finance Department to issue payment. Citizen Communications: Communication from Rose Manders, 1835 Vizaleea Drive, thanking the City Council for approving the Residential Parking Permit District on Vizaleea Drive, upon motion received and filed. 1 Communication of Penny Ehlinger, 1017 Aspen Court, regarding the Americans with Disabilities Act, upon motion received and filed. Regency Iowa, Inc.: Communication from Regency Iowa, Inc. advising that Regency Thermographers, located at 750 White Street, Dubuque, Iowa, will be permanently closing, upon motion received and filed. 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, upon motion received and filed. Iowa Department of Natural Resources: Notification of Violation from the Iowa Department of Natural Resources for the City's Wastewater Treatment facility, upon motion received and filed and referred to the City Manager. Comprehensive Plan Update: Long Range Planning Advisory Commission submitting the July 2006 Report on the Comprehensive Plan Update process, presented and read. Michalski moved that the Goal 5, Objective 5-3 of the Fiscal Element be modified to read "low and moderate income and persons with disabilities." Seconded by Connors. Motion carried 7-0. 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, upon motion received and filed and approved recommendation. 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, upon motion received and filed and approved recommendation. 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, upon motion received and filed. Cline moved adoption of Resolution No. 402-06 Authorizing an application to the Historic Sites Preservation Grant Program for the White Water Creek Bridge. Seconded by Jones. Motion carried 7-0. 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, upon motion received and filed and approved recommendation. 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, upon motion received and filed. Cline moved adoption of Resolution No. 2 403-06 Approving the Agreement for Management Consulting Services between the City of Dubuque, Iowa and Springsted, Inc. Seconded by Jones. Motion carried 7-0. 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, upon motion received and filed. Cline moved adoption of Resolution No. 404-06 Authorizing the completion of a Downtown Rehabilitation Loan to Lower Main Development LLC. Seconded by Jones. Motion carried 7-0. 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), upon motion received and filed. Cline moved adoption of Resolution No. 405-06 Establishing the Fair Market Value of real property owned by Troy Hansen located at 1721 Elm Street in the City of Dubuque. Seconded by Jones. Motion carried 7-0. 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, upon motion received and filed and approved recommendation. 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, upon motion received and filed. Cline moved adoption of Resolution No. 406-06 Approving a contract with the East Central Intergovernmental Association for acquisition and relocation assistance services. Seconded by Jones. Motion carried 7-0. 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, upon motion received and filed and approved recommendation. 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, upon motion received and filed. Cline moved adoption of Resolution No. 407-06 Approving a farm lease with William and Janet Siegert. Seconded by Jones. Motion carried 7-0. 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, upon motion received and filed. Cline moved adoption of Resolution No. 408-06 Expressing support for the City of Asbury Intersection Improvement Project. Seconded by Jones. Motion carried 7-0. Residential Parking Permit District: Communication from Mr. Shannon Mussman submitting a petition requesting that Hansel Drive be designated as a Residential Parking Permit District, upon motion received and filed and referred to the City Manager. 3 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, upon motion received and filed and referred to the City Manager. Pandemic Influenza Plan: City Manager submitting the Dubuque County Pandemic Influenza Plan for City Council review, presented and read. Michalski moved that the City of Dubuque be added to list of entities to be notified. Seconded by Cline. Motion carried 7-0. 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, upon motion received and filed. 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 and 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, upon motion received and filed and approved recommendation. 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, upon motion received and filed and referred to the City Manager. 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, upon motion received and filed. Improvement Contracts / 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, upon motion received and filed. 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, upon motion received and filed and approved request. Business License Refund: Request of Laurie Vigen, The Avenew Sports Bar, for a refund of the liquor license in the amount of $633.75, upon motion received and filed and approved refund. Business Licenses: Cline moved adoption of Resolution No. 409-06 Granting the issuance of three renewal permits to sell cigarettes and cigarette papers within the City; Resolution No. 410- 06 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; and Resolution No. 411-06 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. Seconded by Jones. Motion carried 7-0. 4 ITEMS TO BE SET FOR PUBLIC HEARING 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, upon motion received and filed. Cline moved adoption of Resolution No. 412-06 Preliminary approval of plans and specifications; Resolution No. 413-06 Setting date of hearing on plans and specifications for 10/2/06 at a meeting to commence at 6:30 P.M. in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law; and Resolution No. 414-06 Ordering bids. Seconded by Connors. Motion carried 7-0. 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, upon motion received and filed and set public hearing for 11/6/06 at a meeting to commence at 6:30 P.M. in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law. 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 Mr. Accinelli and Mr. Savage spoke requesting consideration for appointment to the Airport Commission. Environmental Stewardship Advisory Commission (One vacant three-year term through 10/1/09) Applicant: Gayle Casel Ms. Casel spoke requesting consideration for appointment to the Environmental Stewardship Advisory Commission. 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 Ms. Wainwright spoke requesting consideration for appointment to the Historic Preservation Commission. PUBLIC HEARINGS Upon motion the rules were suspended to allow anyone present to address the Council. 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 17th Street west of Catherine Street and City Manager recommending approval, upon motion received and filed. Beverly Boettcher, 669 W. 16th Street, spoke objecting to the sale of the property to Loras College. Steve Schmall, Vice President for Finance and Administrative Affairs of Loras College, clarified the request. Cline moved adoption of Resolution No. 415-06 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 No. 416-06 Vacating the westerly thirty feet of the alley between West 16th Street and West 17th Street west of Catherine Street; and Resolution No. 417-06 Disposing of City interest in Lot 44A of Yates' Subdivision of Outlots 780 and 713 in the City of Dubuque, Dubuque County, Iowa. Seconded by Jones. Motion carried 7-0. 5 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, upon motion received and filed. Connors moved adoption of Resolution No. 418-06 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 No. 419-06 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 No. 420-06 Vacating an unnamed road south of Rosedale Avenue near Glen Oak Street in the City of Dubuque, Dubuque County, Iowa; and Resolution No. 421-06 Disposing of City interest in Lots D, E, F and G of Rosedale Addition NO.2 in the City of Dubuque, Dubuque County, Iowa. Seconded by Jones. Motion carried 7-0. 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, upon motion received and filed. Cline moved adoption of Resolution No. 422-06 Approving plat of proposed vacating of Fourth Street Extension and Resolution No. 423-06 Vacating Fourth Street Extension. Seconded by Braig. Motion carried 7-0. 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, upon motion received and filed. Cline moved adoption of Resolution No. 424-06 Adopting plans and specifications; Resolution No. 425-06 Awarding contract and Resolution No. 426-06 Approving construction contract with Smith Seeding for the Highway 20 Landscaping - Phase II Project. Seconded by Lynch. Motion carried 7-0. 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, upon motion received and filed. Cline moved adoption of Resolution No. 427-06 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). Seconded by Lynch. Motion carried 7-0. 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, upon motion received and filed. Connors moved adoption of Resolution No. 428-06 Adopting plans and specifications; Resolution No. 429-06 Awarding contract; and Resolution No. 430-06 Approving construction contract with Portzen Construction, Inc. for the Loras Boulevard Traffic Signalization Replacement Project. Seconded by Cline. Motion carried 7-0. Upon motion the rules were reinstated limiting discussion to the Council. 6 ACTION ITEMS Dubuque Main Street, Ltd.: Dan LoBianco, Dubuque Main Street, Ltd., to provide verbal quarterly report. Mr. LoBianco spoke giving a positive verbal report of their activities this last quarter. Upon motion the report was received and filed. Request to Address the City Council: Request of Tara Winger regarding discrimination in housing, upon motion received and filed and referred to the Housing and Police Departments. Ms. Winger had phoned that she could not be in attendance at the meeting. 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, and additional letters concerning the agreement, upon motion received and filed and after discussion of true costs, authorized the City Manager to negotiate and execute contract with the Durrant Group. Cline moved adoption of Resolution No. 431-06 Approving an agreement with the Durrant Group Architects for services related to the design and adaptive reuse of the Federal Building. Seconded by Connors. Motion carried 7-0. 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, upon motion received and filed and approved recommendation. 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, upon motion received and filed. Ordinance No. 60-06 Amending the City of Dubuque Code of Ordinances Section 1-16 Penalties for Civil Infractions by increasing the amount of the penalties, presented and read. Michalski moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Connors. Motion carried 7-0. Jones moved final consideration and passage of the Ordinance. Seconded by Connors. Motion carried 7-0. COUNCIL MEMBER REPORTS Michalski mentioned that last week was a "wow" week for the City, with the successful City Council goal-setting; Fire Training Center flag raising; Arts Exhibit opening at the Port of Dubuque, and the Labor Day Parade. There being no further business, upon motion meeting adjourned at 7:57 P.M. 44~~QJ ~;ne F. Schneider, CMC City Clerk 1 t 9/13 7