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8 7 06 City Council Proceedings Official CITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Regular Session, August 7, 2006 Council met at 6:30 P.M. in the Public Library Auditorium Present: Mayor Buol, Council Members Bralg, Cline, Connors, Jones, Lynch, Michalski, City Manager Van Milligen, City Attomey 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 Reverend John Sorenson, Pastor of Lord of Life Lutheran Church PROCLAMATIONS: Responsible Gaming Week (August 7 - 11, 2006) received by Carrie Tedore and Shannon Gaherty; Cory Bowman Week (August 23 - 28, 2006) received by Cory Bowman and family; Tour de Dubuque Day (August 26, 2006) received by Mike Martin, Kevin Pike and Gino Rokusek of the Freedom Riders. CONSENT ITEMS 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, upon motion received and filed. Proof of publication of City Council Proceedings of July 5, 2006, upon motion received and filed. Library Board of Trustees Update of July 27, 2006, upon motion received and filed. Investment Oversight Advisory Commission 53rd Quarterly Report, upon motion received and filed. Notice of Claims/Suits: Gary M. Blosch for property damage; Bemice M. Breitfelder for property damage; Milton Emst 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, upon motion received and filed and referred to the City Attomey for Investigation/report. City Attomey 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 injurylvehicle 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; Laveme Strohmeyer for property damage; Bemice M. Breitfelder for property damage; Ralph G. Hemesath for property damage; Jamie Lee Kremer for property damage; Barbara J. Schnee for 1 vehicle damage; and Gary and Tina Smith for property damage, upon motion received and filed and concurred. 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, upon motion received and filed and referred to the City Manager. Requests to Purchase: Communication from Stephen J. Schmall, Loras College, requesting to purchase a portion of a City-owned alley abutting their property and 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, upon motion received and filed and referred to the City Manager. 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 Hawthome and Lime, with a rain date of July 4,2007, upon motion received and filed and approved request. Department of the Army: Communication from the Department of the Army advising of public meetings to be held by the Mississippi RIver Commission, upon motion received and filed. 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 Govemment (CLG) Grant to conduct a Phase I Four Mounds Archeological Investigation, upon motion received and filed. Cline moved adoption of Resolution No. 343-06 Authorizing the submission of an application for Certified Local Govemment (CLG) program funding to conduct a Phase I Archeological Investigation at Four Mounds Estate. Seconded by Jones. Motion carried 7-0. 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, upon motion received and filed. Cline moved adoption of Resolution No. 344-06 Adopting a Security Information Policy for the City of Dubuque, Iowa. Seconded by Jones. Motion carried 7-0. 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, upon motion received and filed and approved recommendation. 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, upon motion received and filed. Cline moved adoption of Resolution No. 345-06 Authorizing the execution of a Community Economic Betterment Account Loan Agreement for One Hundred and Fifty Thousand Dollars ($150,000) with Sedgwick CMS. Seconded by Jones. Motion carried 7-0. 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, upon motion received and filed. 2 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, upon motion received and filed and thanked the Sisters for the attention to the environment. 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 and communication to Senator Tom Harkin and Senator Charles Grassley expressing opposition to H.R. 5252, the Advanced Telecommunications and Opportunity Reform Act (ATOR), upon motion received and filed. 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, upon motion received and filed. Michalski moved adoption of Resolution No. 346-06 Authorizing the distribution of $250,000 to the Tri-State Community Health Center in Dubuque for capital and equipment funding. Seconded by Braig. Motion carried 7-0. Environmental Stewardship Advisory Commission: Resignation of Andrea Bixler from the Environmental Stewardship Advisory Commission, upon motion received and filed. Worker's Compensation Claim: City Manager recommending settlement of the worker's compensation claim of Brian Cortez, upon motion received and filed and approved recommendation. 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, upon motion received and filed. Cline moved adoption of Resolution No. 347-06 Authorizing the execution of a Community Economic Betterment Account Loan Agreement for Seventy-Five Thousand Dollars ($75,000) with Kunkel Bounds & Associates, Inc. Seconded by Jones. Motion carried 7-0. 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, upon motion received and filed. Cline moved adoption of Resolution No. 348-06 Approving the acquisition of real estate located at 1731 Elm Street in the City of Dubuque. Seconded by Jones. Motion carried 7-0. 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, upon motion received and filed and approved recommendation. Comprehensive Plan Update: Long Range Planning Advisory Commission submitting the July 2006 Report on the Comprehensive Plan Update process, upon motion received and filed. 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, upon motion received and filed. 3 Prosperity Eastem Iowa Marketing Efforts: City Manager recommending approval of a contract with ECIA to assist in funding a collaborative marketing effort by Prosperity Eastem Iowa to promote economic development opportunities, upon motion received and filed and approved recommendation, with Lynch abstaining. 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, upon motion received and filed and approved recommendation. 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, upon motion received and filed. Cline moved adoption of Resolution No. 349-06 Approving Plat of Survey of Lot 1 of F and Lot 2 of F in Dubuque Technology Park in the City of Dubuque, Iowa and Resolution No. 350-06 Approving Plat of Survey of Dubuque Technology Park No.2 in the City of Dubuque, Iowa. Seconded by Jones. Motion carried 7-0. 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, upon motion received and filed. Cline moved adoption of Resolution No. 351-06 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. Seconded by Jones. Motion carried 7-0. Quarterly Investment Report: City Manager submitting the Finance Department Quarterly Investment Report for the period of April 1 through June 30, 2006, upon motion received and filed. 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, upon motion received and filed and approved recommendation. 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, upon motion received and filed. 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, upon motion received and filed. Improvement Contracts I Performance, Payment and Maintenance Bonds: Grand River Center Fountain Sign Rehabilitation Project and Five Flags Arena Fall Protection Project, upon motion received and filed. Business Licenses: Cline moved adoption of Resolution No. 352-06 Granting the issuance of two renewal permits to sell cigarettes and cigarette papers within the City limits and Resolution No. 353-06 Granting the issuance of a Class "C. Liquor License to Choo Choo Charlles, Bell Tower Productions and Players Sports Bar. Seconded by Jones. Motion carried 7-0. 4 ITEMS TO BE SET FOR PUBLIC HEARING 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, upon motion received and filed. Lynch moved adoption of Resolution No. 354-06 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 and set public hearing for 8/21/06 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. Seconded by Connors. Motion carried 7-0. 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, upon motion received and filed. Lynch moved adoption of Resolution No. 355-06 Preliminary approval of plans and specifications and Resolution No. 356-06 Setting date of hearing on plans and specifications for 9/5/06 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. Seconded by Connors. Motion carried 7-0. 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, upon motion received and filed. Lynch moved adoption of Resolution No. 360-06 Preliminary approval of plans and specifications; 361-06 Setting date of hearing on plans and specifications for 9/5/06 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. 359-06 Ordering bids. Seconded by Connors. Motion carried 7-0. Expansion of First Supply LLC: City Manager recommending that a public hearing be set for August 21, 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, upon motion received and filed. Lynch moved adoption of Resolution No. 360-06 Of 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 publication of notice thereof, and set for public hearing on 8/21/06 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. Seconded by Connors. Motion carried 7-0. 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 No one spoke. 5 Housing Advisory Trust Fund Committee (One 3-year at-large term through 8/17/09 - term of Hingtgen) Applicant: Doris M. Hingtgen No one spoke. 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 No one spoke. Section 8 Applicant: John J. Plein Mr. Plein spoke requesting consideration for reappointment. PUBLIC HEARINGS Upon motion the rules were suspended to allow anyone present to address the Council. Residential Parking Permit District - Vizaleea / Keymont Street: Proof of publication on notice of hearing to consider a request to form a Residential Parking Permit District in the Vlzaleea / Keymont Street area and City Manager recommending approval, upon motion received and filed. Donald Schumacher, 1762 Vizaleea, objected to the proposed Permit District, stating he should not have to pay for parking in front of his home. Lisa McCarthy stated this is Hempstead High School's problem and they should do something. As it is now, emergency vehicles can not even get through when students park closely on the nearby streets. Robert Cook, 1819 Vizaleea, spoke in support of the Residential Parking Permit District. Matt Zmudka, 1834 North Court and a student at Hempstead High School, spoke in opposition to the proposed district, stating the homeowners knew they would have parking problems living next to a school and establishing the district would push the problem to other streets. Sydney Smith, Hempstead Student Council President, spoke in opposition to the proposed Residential Parking Permit District stating it was unfair to students as it made them walk further. Rose Manders, 1835 Vizaleea, spoke stating that the students are rude and act in retaliation. Howard Haigh, representing a nearby Hillcrest facility, spoke and stressed concerns for emergency vehicles accessibility. Dave Olson, 909 Spires Drive, Principal of Hempstead High School, stated that parking has been a long time, multi-faceted issue and the school is trying to address this but with a two year remodeling program there will be less space in the parking lots. Council discussed the ongoing parking issues near Hempstead and the students' need for respect of the neighborhood residents. An 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, presented and read. Connors 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 Lynch. Motion carried 7-0. Jones moved final consideration and passage of the Ordinance. Seconded by Braig. Motion carried 7-0. 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, upon motion received and filed. Michalski moved adoption of Resolution No. 361- 06 Adopting plans and specifications; Resolution No. 362-06 Awarding contract and Resolution 6 No. 363-06 Approving construction contract with Portzen Construction, Inc. Seconded by Braig. Motion carried 7-0. 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 award of the contract to Tricon General Construction, upon motion received and filed. Connors moved adoption of Resolution No. 364-06 Adopting plans and specifications; Resolution No. 365-06 Awarding the contract for the National Mississippi River Museum and Aquarium Project, Former Adams Company Building Re-Roof and Structural Repairs (EDA Project No. 05-01-03816) to Tricon General Construction and Resolution No. 366-06 Approving construction contract with Tricon General Construction 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). Seconded by Michalski. Motion carried 7-0. Upon motion the rules were reinstated limiting discussion to the Council. ACTION ITEMS 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, upon motion received and filed and approved recommendation and directed a policy amendment to reflect this change. Liquor License - Gin Rickey's: City Manager recommending that the liquor license for Gin Rickey's be approved for a period of six months, upon motion received and filed. Connors moved adoption of Resolution No. 367-06 Granting a six-month Class .C" Liquor License to Gin Rickey's. Seconded by Jones. Carried by the following vote: Yeas-Suol, Cline, Connors, Lynch, Michalski. Nays-Braig, Jones. 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., upon motion received and filed and approved request and the City Attomey authorized to finalize the non-material changes. 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, upon motion received and filed and approved recommendation and reappointment of Joyce Connors. Michalski moved adoption of Resolution No. 368-06 Authorizing a REAP Grant Application to the Iowa Department of Natural Resources for Trolley Line Trail. Seconded by Cline. Motion carried 7-0. l.owa League of Cities' Legislative Issues Survey: City Manager recommending approval of the City's response to the Iowa League of Cities' Legislative Issues Survey, upon motion received and filed and approved response. 7 COUNCIL MEMBER REPORTS Ann Michalski stated that an article in the New York Times sounded amazingly like Dubuque. Roy D. Buol stated that the people at the Kiwanis Convention were impressed with Dubuque. Ric Jones stated there were 600+ people at the Kiwanis Convention who were very impressed with Dubuque and want to come back again next year. At 8:37 P.M. upon motion Council went into Closed Session: re: Pending Litigation and Property Acquisition - Chapter 21.5(1 )(c)G) 2005 Code of Iowa. At 9:01 P.M. Council reconvened stating that Staff had been given proper direction. There being no further business, upon motion meeting adjoumed at 9:02 P.M. A~ a;ne F. Schneider, CMC City Clerk 1 t 8/16 8