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9 5 06 Skeleton Sheet . .' CITY COUNCIL REGULAR SESSION, SEPTEMBER 5, 2006 . ,COUNCIL MET IN REGULAR SESSION AT 6:30 P.M: IN THE LIBRARY ~UDITORIU'1 PRES,.ENT: MAYOR ~L, COUNCIL MEMBERS ~AIG, C'NE, CO~ORS, JONJs, LYNCH, MICty(LSKI CITY MANAGER VAN ~LLlGEN, CITY ATTORNE~INDAHL ABSENT: ~I 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 City Council. . INVOCATION: Sister Joy Peterson, President of Sisters of the Presentation , SWEARING-IN OF MAYOR PRO-TEM KARLA BRAIG . 1"'~ PROCLAMATIONS: ,t.,) J ~)I) Public Safety Memorial Day .?fi'zutj/~hLlY;) ;rr r D.....e, Iowa POW - MIA Rec~'.n Dey ;;:;;p~) AflJA/ d~ :3dJ?~ Assisted Living Week ~//i ~~.----, d ~ ~.. A~/~~ '.x ~~ - . q.t I" , 7'- ,/ . ,. CONSENT ITEMS . A~s Nays ..1// Braig ~ Buol j, i Cline ones / . ynch Michalski / ,q'J ~' 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 . /f/J' I / ! / ;1 ~f}fJ- ffl {J tn 2 . " 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 Citizen Communications Communication from Rose Manders, 1835 Vizaleea Drive, thanking the City Council for approving the Residential Parking Permit District on Vizaleea Drive. i Communication of Penny Ehlinger, 1017 Aspect Court, regarding the Americans with Disabilities Act. /1 '1'y Suggested Disposition: Receive and File 4. Regency Iowa, Inc. Communication from Regency Iowa, Inc. advising that Regency Thermographers, located at 750 White Street, Dubuque, Iowa, will be permanently closing. . 3. Suggested Disposition: Receive and File 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 Ayes Nays Braig Buol Cline Connors Jones . Lynch Michalski 3 . 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 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 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 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. 9. Suggested Disposition: Receive and File; Approve Ayes Nays Braig Buol Cline Connors Jones Lynch Michalski 4 . 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 '/{:J;?< Authorizing an application to the Historic Sites Preservation Grant Program for the White Water Creek Bridge Suggested Disposition: Receive and File; Adopt Resolution 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. 12. . . Suggested Disposition: Receive and File; Approve 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 ~C?:3 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 Ayes Nays Braig Buol Cline Connors Jones Lynch Michalski 5 . . . 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 ~('l -/ Authorizing the completion of a Downtown Rehabilitation Loan to Lower Main Development LLC Suggested Disposition: Receive and File; Adopt Resolution 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 /;/ (l :;..-'). 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 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. 15. Suggested Disposition: Receive and File; Approve 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 -7"'C? ? Approving a contract with the East Central Intergovernmental Association for acquisition and relocation assistance services Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays Braig Buol Cline Connors Jones Lynch Michalski 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 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 ..yC7 '/ Approving a farm lease with William and Janet Siegert 19. . Suggested Disposition: Receive and File; Adopt Resolution 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 'l'(:J:t' Expressing support for the City of Asbury Intersection Improvement Project Suggested Disposition: Receive and File; Adopt Resolution 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 . Ayes Nays Braig Buol Cline Connors Jones Lynch Michalski 7 . 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 22. Pandemic Influenza Plan City Manager submitting the Dubuque County Pandemic Influenza Plan for City Council review. Suggested Disposition: Receive and File 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. 24. . Suggested Disposition: Receive and File 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 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 an File; Refer to City Manager . Axes Nays ~- Braig '~ /uol /. line / Connors / / Jones / ,. /.tynch /&ichalski 8 .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 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 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 Ayes Nays Braig Buol Cline Connors Jones Lynch Michalski . 9 . 30. Business Licenses RESOLUTION //'CJ 'I Granting the issuance of three renewal permits to sell cigarettes and cigarette papers within the City RESOLUTION ""'//0 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 c-/// 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 . Ayes Nays Braig Buol Cline Connors Jones Lynch Michalski . 10 . ITEMS TO BE SET FOR PUBLIC HEARING / Ayes Nays ~ Braig II' Buol @Cline 1/ . Connors I / Jones / / Lynch / Michalski 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 ,(// ;;2 RESOLUTION <'7'/.3 . RESOLUTION q'/i' Preliminary approval of plans and specifications Setting date of hearing on plans and specifications Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 10/2/06 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 Ayes Nays Braig Buol Cline Connors Jones Lynch Michalski . 11 . . . 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 throu;eh 9l 4/10 - Term of Accinelli) Applicants: Steven R. Accinelli, E~R. Savage Environmental Stewardsh~ vfsory co~~?s ion (One vacant three-year term through 10/1/09) Applicant: Gayle Casel Historic Preservation ~j mission (One unexpired three-year term through 7/1/08 - Old Main District and one unexpired three-year term through 7/1/08 - Langworthy District) Appllc,,', Ke"h;?)"9hl - ',"gworthy D"lriO 12 - . . PUBLIC HEARINGS SUSPEND THE RULES !yes Nays 7" Braig Buol //" ~cline onnors //" Jones Lynch / @Michalski ,I l' 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 1ih Street west of Catherine Street and City Manager recommending approval. -- RESOLUTION '7'/ J Approving plat of proposed vacating of the westerly thirty feet of the alley between West 16th Street and West 1 ih 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 L('/ /' 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 Resolution7 I o Ayes Nays / Braig Buol ,,-; (j Cline //~onnors / ones / Lynch / Michalski 13 . 2. . . ,0 V l' 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 Lj// g/ 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 /7"/.7 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 .</;?t/ 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 Suggested Disposition: Receive and File; Adopt Resolutio~ Ayes Nays .~ Braig / / Buol / Cline 1//)"" ~);:~;:rs fj Lynch Michalski 14 e 3. .4. e 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 Street Extension /? ;?::; Approving plat of proposed vacating of Fourth ,~ /7 RESOLUTION ~-I?3 Vacating Fourth Street Extension Suggested Disposition: Receive and File; Adopt Resolution? /<yeJ!;)L . Nays / (Wtsralg '/ Buol (!J Cline /'/.. Connors . Jones //. Lynch Michalski 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 /7'.;;7,,/' RESOLUTION L/~ 5" RESOLUTION "'/ ???" Approving construction contract with Smith Seeding for the Highway 20 Landscaping - Phase II Project Adopting plans and specifications Awarding contract Suggested Disposition: Receive and File; Adopt Resolutions ,/'<J. es Nays '/. Braig / ~UOI I line ~ e Connors / Jones /" Mynch GVMichalski 15 . . . 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 Qc9 /' 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 A}les Nays // Braig Buol / (j) Cline '/ Connors /a\Jones / cv~ynch / Michalski 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 /-//7 g RESOLUTION -Y'i7 /' Awarding contract RESOLUTION ~'3 0 Approving construction contract with Portzen Construction, Inc. for the Loras Boulevard Traffic Signalization Replacement Project Adopting plans and specifications Suggested Disposition: Receive and File; Adopt Resolutions ~yes Nays :/" Braig / ttJ Buol Cline ) . I Connors /"': Jones , / Lynch / Michalski 16 . . . REINSTATE THE RULES Ayes Nays ~. Braig / Buol / / Cline 1'. tt)Connors /. (jIJones . Lynch / Michalski ACTION ITEMS ,j! l' 1. Dubuque Main Street, Ltd. Dan LoBianco, Dubuque Main Street, Ltd., to provide verbal quarterly report. Suggested Disposition: Receive and File ~es "/ / Cline / r,)~onnors / &ones I ' ""tynch ! Vichalski Nays Braig Buol 17 ~\ v\\ ~~ J ~\J \ ~ ~\ ~\ U ~ \ . . . .2. . . 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 ./7"3/ Approving an agreement with Neumann Monson Architects for services related to the design and adaptive reuse of the Federal Building . ~J '...osted DI.posl..n' R...lv. end FII.; Ad.pt Ros,'...n ~ il' A~ . N... r JdA' J ;/ :~~~ rJ rL 0/ It1 !.~j Y /@Cline r:, /l {';; I//gconnor / //1 v,J / ;~~~~ ' t 1Y / MICha:' ~r ,01J ~ 147 Request to Address the City Council Request of Tara Winger regarding discrimination in housing. Suggested Disposition: Receive and File; Council / Ayes Nays ;. Braig , / ~~UOI / / ~ line 'I; Connors / / Jones I /,) Lynch I!J Michalski 3. 18 ! ,y jI/f) ,/(f r tv P ;J~)) cI f} 1 }) . 4. . . /0 .0 America's River Corporation l' 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 )yes BraigNayS 1/ Buol / @ Cline II Connors I D~ones / ~ynch I Michalski 19 . 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 y{/ / {;Ie:;; 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 ~yes Nays .// Braig / /.. Buol / (!)Cline /; Connors , Jones /. (,) Lynch / l/ Michalski ~f ~I 11:~ Ayes Nays ,;; Braig ~ Buol ~ ~;~:~ p" .0 I oj / . Lynch V ~ . Michalski /' )f COUNCIL MEMBER REPORTS ~/f j!~ 'I) !:t ~,;" rY'V /, ? I I 20 e . e 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 Motion to Adjourn at ,/.::;>-1 Ay,es Nays // Braig // a~~ol ~Ime // Connors / Jones . Lynch /'0 Michalski 21