11 6 06 Agenda No Icons
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
6:30 P.M.
LIBRARY AUDITORIUM
MONDAY, NOVEMBER 6, 2006
INVOCATION
Sister Mary Patricia Conlan, RSM, of Ecumenical Towers
PROCLAMATIONS
Iowa Great Places Proclamation
Hospice Care Month (November 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 9/25; City Council of 10/16; Civil Service Commission of 10/13;
Historic Preservation Commission 10/19; Investment Oversight Advisory Commission of
10/26; Long Range Planning Advisory Commission of 10/18; Park and Recreation
Commission of 10/10; Zoning Board of Adjustment of 10/12
Proof of publication of City Council Proceedings of October 2, 2006
Printed City Council Proceedings for April, 2006
Investment Oversight Advisory Commission submitting the 54th Quarterly Report
Suggested Disposition: Receive and File; Approve as Printed
2. Notice of Claims/Suits
Patrick Brennan for vehicle damage; Deutsche Bank National Trust Company vs. City of
Dubuque, et al; Timothy B. Hilvers for vehicle damage; K-Mart Corporation for property
damage; Mark Sutter for vehicle damage; Robert Wagner 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: Patrick Brennan
for vehicle damage; Timothy Hilvers for vehicle damage; Mark Sutter for vehicle
damage
Suggested Disposition: Receive and File; Concur
3. Investment Oversight Advisory Commission
Communication from Charles Spielman submitting his resignation from the Investment
Oversight Advisory Commission.
Suggested Disposition: Receive and File
4. Request to Purchase
Communication from Charlene Jones, 48 Burns Street, requesting to purchase a portion
of an alley/City street abutting her property.
Suggested Disposition: Receive and File; Refer to City Manager
5. Amended and Restated Fiscal Year 2007 Annual Action Plan
City Manager recommending approval of the Amended and Restated Fiscal Year 2007
Annual Action Plan for the City's Community Development Block Grant (CDBG)
program.
RESOLUTION Approving an amended and restated Fiscal Year 2007 (Program Year
2006) Annual Action Plan - Amendment #2 for Community Development Block Grant
Funds
Suggested Disposition: Receive and File; Adopt Resolution
6. Request for Residential Parking Permit District
Petition from the residents of Phyllrich Drive requesting that Phyllrich Drive from
Keymont Street to Keystone Street be designated as a Residential Parking Permit
District.
Suggested Disposition: Receive and File; Refer to City Manager
7. Employee Assistance Program Services
City Manager recommending approval of an agreement with Mercy Medical Center to
provide employee assistance services to City of Dubuque employees and their family
members.
Suggested Disposition: Receive and File; Approve
8. Cottingham and Butler "House of China" Building Project
City Manager recommending approval of a publication of combined notice of finding of
no significant impact on the environment and notice of intent to request release of funds
for the Cottingham and Butler "House of China" Project.
RESOLUTION Authorizing publication of combined notice of finding of no significant
impact on the environment and notice of intent to request release of funds for the
Cottingham and Butler "House of China" Project
Suggested Disposition: Receive and File; Adopt Resolution
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9. Dubuque County Historical Society Lease
City Manager recommending approval of the termination of a Lease Agreement
between the City and the Dubuque County Historical Society for the Adams Company
building and site.
Suggested Disposition: Receive and File; Approve
10. Mediacom Report
Kathleen McMullen, Area Manager - Mediacom, submitting the updated maps of the
Mediacom system and the Corporate Mediacom Organizational Chart.
Suggested Disposition: Receive and File
11. Comprehensive Plan Update
Long Range Planning Advisory Commission submitting the October 2006
Comprehensive Plan Update.
Suggested Disposition: Receive and File
12. Iowa Department of Transportation
Communication from the Iowa Department of Transportation providing notice of the
proposal to let bridge washing projects on January 17, 2007, including the US 20 Julien
Dubuque Bridge, US 61 City Island Bridge, and US 61 Peosta Channel Bridge.
Suggested Disposition: Receive and File
13. Tri-State Trail Vision Request
City Manager recommending that the City Council review the request from the Tri-State
Trail Vision Board of Directors for a cost and feasibility study (estimated at $70,800) for
a hiking/biking trail along the Middle Fork of Catfish Creek between the Bergfeld
Recreation Area and Julien Dubuque Drive as part of the Fiscal Year 2008 budget
process.
Suggested Disposition: Receive and File; Approve
14. Friends of the Mines of Spain Request
City Manager recommending approval to use $30,000 from the Riverfront 2000 Plan
Implementation CIP to support the E.B. Lyons Interpretive Center expansion and to
provide a letter of support.
Suggested Disposition: Receive and File; Approve
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15. State Revolving Loan Fund (SRF) Applications
City Manager recommending approval of the submission of six applications to the Iowa
Department of Natural Resources to complete construction for current projects and
planning and design work for upcoming projects.
Suggested Disposition: Receive and File; Approve
16. Quarterly Investment Report
City Manager submitting the September 30, 2006 Quarterly Investment Report.
Suggested Disposition: Receive and File
17. Port of Dubuque Parking Lot Reconstruction and Landscaping Project
City Manager recommending acceptance of the Port of Dubuque Parking Lot
Reconstruction and Landscaping Project as completed by Portzen Construction, Inc., in
the final contract amount of $505,398.99.
RESOLUTION Accepting improvement
RESOLUTION Approving final contract amount
Suggested Disposition: Receive and File; Adopt Resolutions
18. Flora Pool Painting Project
City Manager recommending acceptance of the Flora Pool Painting Project as
completed by Fred Jackson Tuckpointing, in the final contract amount of $50,350.
RESOLUTION Accepting improvement
RESOLUTION Approving final contract amount
Suggested Disposition: Receive and File; Adopt Resolutions
19. First Supply, LLC - Termination of Development Agreement
City Manager recommending approval of the request of First Supply, LLC to terminate
their Development Agreement with the City and the proposed sale of five acres of land
in the Dubuque Industrial Center.
Suggested Disposition: Receive and File; Approve
20. Wal-Mart - "Safe Neighborhood Heroes" Grant Proposal
City Manager recommending approval of a Wal-Mart "Safe Neighborhood Heroes" grant
submission to the Wal-Mart Corporation for the purchase of eight digital cameras for
use by patrol officers as they respond to initial calls for service.
Suggested Disposition: Receive and File; Approve
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21. School Resource Officer Agreement
City Manager recommending approval of a School Resource Officer (SRO) Agreement
between the City of Dubuque Police Department and the Dubuque Community School
District for the 2006/2007 school year.
Suggested Disposition: Receive and File; Approve
22. Mini Bus Contracted Services
City Manager recommending that the contracts for mini bus service with Mt. Saint
Francis, Sunnycrest, and Area Residential Care be transferred from Keyline to the
Regional Transportation Authority (RTA).
Suggested Disposition: Receive and File; Approve
23. Dubuque Main Street
Certificate from Dubuque Main Street, Ltd. recognizing Washington Park for a Best
Design/Beautification Project.
Suggested Disposition: Receive and File
24. ArcGIS Server Grant Application
City Manager recommending approval of the submission of a grant application for the
ESRI and Stratus Technologies ArcGIS Server Demonstration Project Grant Program.
Suggested Disposition: Receive and File; Approve
25. 409 Burch Street (Tabled from October 16,2006 City Council Meeting)
City Manager recommending that this item be tabled until the December 18, 2006 City
Council meeting, which would be the end of the outdoor construction activity for the
season, and progress on the building would be determined at that time.
Suggested Disposition: Receive and File; Approve
26. Skate Park
City Manager submitting information regarding funding for a new skate park and
recommending that this request be considered as part of the Fiscal Year 2008 budget
process.
Suggested Disposition: Receive and File
27. Hwy 151 & 61 Development, LLC
City Manager recommending approval of Amendment #1 to the Development
Agreement between the City of Dubuque and Hwy 151 & 61 Development, LLC to
extend the deadline for the City and Developer to agree on the location of the Bee
Branch storm sewer to December 31, 2006.
Suggested Disposition: Receive and File; Approve
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28. Signed Contracts
-- GIS Software Maintenance Renewal Contract
-- Improvement Contract - Century Drive Storm Sewer Repair
__ Proposal for Professional Services - 11th Street Retaining Wall Repair
-- Network Services Contract
-- Perry Construction - Improvement Contract
-- Floodwalllmprovement Projects Change Order
-- IIW Service Agreement
-- Hillcrest and Judson Streets Walk/Ramp Project
-- Atlantic Street Sidewalk/DrivewaylWater Stop Box/Curbing Repair
-- Walk Repair Projects
-- City Hall Traffic Center Renovation Project
Suggested Disposition: Receive and File
29. Improvement Contracts / Performance, Payment and Maintenance Bonds
-- Crescent Community Health Center Parking Lot Project
-- Asbury Road Eastbound Lane Widening Project
-- Pyatigorsk Park Parking Lot Project
-- Eagle Point Park Concrete Replacement Project
-- Eagle Point Park Roofing Project
Suggested Disposition: Receive and File
30. Liquor License Transfer
Request of P.S. I Love You, Inc. to permanently transfer their liquor license from 730
Main Street to 4855 Asbury Plaza, Suite 1.
Suggested Disposition: Receive and File; Approve
31. Business Licenses
RESOLUTION Granting the issuance of a Class "B" Beer Permit to Happy Joe's; and a
Class "C" Beer Permit to Big 10 Mart and Hy-Vee Gas #2
RESOLUTION Granting the issuance of a Class "C" Beer/Liquor License to Joey's
Seafood and Grill, Bridge Restaurant and Point Restaurant; a Special Class "C" Liquor
License to Dubuque Family Restaurant; and a Class "B" (WBN) Native Wine to P.S. I
Love You and the Dubuque Area Chamber of Commerce
Suggested Disposition: Adopt Resolutions
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ITEMS TO BE SET FOR PUBLIC HEARING
1. Urban Renewal Tax Increment Revenue Notes
City Manager recommending that a public hearing be set for November 20, 2006 to
consider the issuance of Urban Renewal Tax Increment Revenue Notes to support the
Chavenelle Warehouse Development, LLC I Theisen Supply, Inc. expansion project at
the Dubuque Industrial Center West.
RESOLUTION Fixing date for a meeting on the proposition of the issuance of not to
exceed $812,000 Urban Renewal Tax Increment Revenue Notes of Dubuque, Iowa and
providing for publication of notice thereof
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
11/20/06
2. Pine Box LLLP / Washington Court, LP Agreement
City Manager recommending that a public hearing be set for November 20, 2006 to
consider an agreement between Pine Box LLLP I Washington Court, LP for the
exchange of property for construction of parking facilities at 18th and Washington
Streets.
RESOLUTION Of intent to dispose of City interest in the South % of Lot 157, the North
% of Lot 157, the South % of Lot 158, and the North % of Lot 158, all in East Dubuque
Addition in the City of Dubuque, Dubuque County, Iowa and the City's interest in Lots
159,160 and 161 in East Dubuque, an addition to the City of Dubuque, Dubuque
County, Iowa, according to the recorded plat thereof
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
11/20/06
3. Oak Court - Request to Vacate
City Manager recommending that a public hearing be set for November 20, 2006 to
consider a request from Richard L. Harrison to vacate a portion of Oak Court at Rising
Avenue.
RESOLUTION Of intent to vacate and dispose of City interest in Lot 32A of Union
Addition in the City of Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
11/20/06
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4. Port of Dubuque Storm Sewer - 5th and Bell Street Project
City Manager recommending initiation of the public bidding process for the Port of
Dubuque Storm Sewer - 5th and Bell Street Construction Project and setting a public
hearing for December 4, 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
12/4/06
BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Commission:
Housing Commission (One Unexpired three-year term through 8/17/08)
Applicant: Linda Frommelt
Appointments to the following Commission:
Human Rights Commission (Two unexpired terms - terms of Loney and Gassman)
Applicants: Patricia Foster, Katrina Wilberding, Gretel Winterwood
PUBLIC HEARINGS
SUSPEND THE RULES
1. Individual Historic Designation - 565 Fenelon Place
Proof of publication on notice of hearing and Long Range Planning Advisory
Commission recommending approval of the Individual Historic Designation of 565
Fenelon Place.
Communication from the State Historical Society of Iowa providing comments on the
proposed individual historic designation of 565 Fenelon Place.
Suggested Disposition: Receive and File; Approve
2. Residential Parking Permit District
Proof of publication on notice of hearing to consider approval of a request to establish a
Residential Parking Permit District on Hansel Drive between Keystone Drive and
Keymont Drive and City Manager recommending approval.
Communication from David Olson, Principal of Hempstead High School, regarding the
request for a Residential Parking Permit District.
ORDINANCE Establishing a Residential Parking Permit District on Hansel Drive from
Keystone Drive to Keymont Drive
Suggested Disposition: Receive and File; Motion B; Motion A
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3. P & L Venture, LLC (National Dentex - Oral Arts, Inc.) Land Sale and Development
Agreement
Proof of publication on notice of hearing to consider the sale of approximately three (3)
acres of land in the Dubuque Industrial Center West to P & L Venture, LLC (National
Dentex - Oral Arts, Inc.) and a Development Agreement between the City of Dubuque
and P & L Venture, LLC (National Dentex - Oral Arts, Inc.) and City Manager
recommending approval.
RESOLUTION Approving a Development Agreement providing for the sale of Lot 1 of
Lot B Dubuque Industrial Center West 6th addition to P & L Venture, LLC
Suggested Disposition: Receive and File; Adopt Resolution
4. Crescent Community Health Center - Request to Vacate
Proof of publication of notice of hearing to consider approval of a request to vacate and
dispose of the alley between Washington Street and Elm Street from 1 ih to 18th
Streets as requested by John Gronen, representing Pine Box, LLLP and Washington
Court, LP.
RESOLUTION Approving plat of pro~osed vacated alley between Washington Street
and Elm Street from 1 ih Street 0 18 h Street
RESOLUTION Vacating an alley between Washington Street and Elm Street from 1ih
Street to 18th Street
RESOLUTION Disposing of City interest in Lot 159B of "East Dubuque" an addition in
the City of Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolutions
5. Fiscal Year 2007 Budget Amendment
Proof of publication on notice of hearing to consider the Fiscal Year 2007 First Budget
Amendment and City Manager recommending approval.
RESOLUTION Amending the current budget for the Fiscal Year ending June 30, 2007
Suggested Disposition: Receive and File; Adopt Resolution
6. Schmitt Memorial Concrete Project
Proof of publication on notice of hearing to consider the Schmitt Memorial Concrete
Project and City Manager recommending that the one bid received for the project be
rejected and the project rebid at a later date.
RESOLUTION Rejecting the contract bid proposal for the Schmitt Memorial Concrete
Project
Suggested Disposition: Receive and File; Adopt Resolution
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7. Villa Street Retaining Wall- Ornamental Railing Project
Proof of publication on notice of hearing to consider the Villa Street Retaining Wall -
Ornamental Railing Project and City Manager recommending award of the contract to
Becker & Sons Stone Company, Inc., in the amount of $104,755.40.
RESOLUTION Adopting plans and specifications
RESOLUTION Awarding contract
RESOLUTION Approving construction contract with Becker & Sons Stone Company,
Inc. for the Villa Street Retaining Wall- Ornamental Railing Project
Suggested Disposition: Receive and File; Adopt Resolutions
8. Eagle Point Bluff Scaling and Tree Removal Project
Proof of publication on notice of hearing to consider the Eagle Point Bluff Scaling and
Tree Removal Project and City Manager advising that no bids were received and that
the project will be reviewed and rebid at a later date.
Suggested Disposition: Receive and File
9. US 20 (Devon Drive to Menards) Capacity Improvements Project
Proof of publication on notice of hearing to consider the US 20 (Devon Drive to
Menards) Capacity Improvements Project and City Manager recommending award of
the contract to Volkens Excavating, Inc., in the amount of $189,855.
RESOLUTION Adopting plans and specifications
RESOLUTION Awarding contract
RESOLUTION Approving construction contract with Volkens Excavating, Inc., for the
US 20 (Devon Drive to Menards) Capacity Improvements Project
Suggested Disposition: Receive and File; Adopt Resolutions
10. City Hall - First Floor Restroom Remodel Project
Proof of publication on notice of hearing to consider the City Hall - First Floor Restroom
Remodel Project and City Manager recommending award of the contract to Portzen
Construction, Inc., in the amount of $76,828.
RESOLUTION Adopting plans and specifications
RESOLUTION Awarding contract
RESOLUTION Approving construction contract with Portzen Construction, Inc., for the
City Hall - First Floor Restroom Remodel Project
Suggested Disposition: Receive and File; Adopt Resolutions
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11. University Avenue Embankment Stabilization Project
Proof of publication on notice of hearing to consider the University Avenue Embankment
Stabilization Project and City Manager recommending award of the contract to Connolly
Construction, Inc. in the amount of $305,082.40.
RESOLUTION Adopting plans and specifications
RESOLUTION Awarding contract
RESOLUTION Approving construction contract with Connolly Construction, Inc. for the
University Avenue Embankment Stabilization Project
Suggested Disposition: Receive and File; Adopt Resolutions
REINSTATE THE RULES
ACTION ITEMS
1. Key City Subdivision - Final Plat
City Manager recommending approval of the final plat of Key City Subdivision in
Dubuque County.
RESOLUTION Approving final plat of Key City Subdivision in Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
2. Cable Franchise Agreement Amendment
City Manager recommending approval of an amendment to the Cable Franchise
Agreement to allow some flexibility in determining I-Net connection deadlines on a case-
by-case basis.
ORDINANCE Approving the second amendment to the Cable Franchise Agreement
between the City of Dubuque, Iowa and MCC Iowa, LLC
Suggested Disposition: Receive and File; Motion B; Motion A
3. AlA Sustainable Design Assessment Team (SDAT)
City Manager transmitting for City Council review a draft grant application to the
American Institute of Architects for the Sustainable Design Assessment Team Program
and requesting approval of a work session on November 20, 2006 to discuss the
application.
Suggested Disposition: Receive and File; Approve
4. Annexation Study Update
City Manager recommending that the work session on the Annexation Study Update be
changed from November 13 to December 11, 2006 at 5:00 p.m.
Suggested Disposition: Receive and File; Approve
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5. Ethanol and Biodiesel Plants
City Manager recommending that the six month moratorium on the construction of
ethanol and biodiesel plants be extended for an additional six months.
ORDINANCE Amending the City of Dubuque Code of Ordinances Section 11-58.6
Moratorium on the Construction of Ethanol Plants, Ethanol Processing Facilities,
Biodiesel Plants and Biodiesel Processing Facilities by extending a moratorium on the
issuance of building permits for the construction of ethanol plants, ethanol processing
facilities, biodiesel plants and biodiesel processing facilities
Suggested Disposition: Receive and File; Motion B; Motion A
6. Kyoto Protocol
Assistant City Attorney submitting information regarding the Kyoto Protocol.
Suggested Disposition: Receive and File; Council
7. Installation of Traffic Regulation Signs
City Manager recommending adoption of an ordinance authorizing the City Manager to
place traffic signs.
ORDINANCE Amending the City of Dubuque Code of Ordinances Chapter 32 Motor
Vehicles and Traffic, Section 32-2 Definitions by adding a definition for City Manager
and amending Section 32-17 Posting Required by authorizing the City Manager to post
signs or direct the placement of signs
Suggested Disposition: Receive and File; Motion B; Motion A
8. Code of Ordinance Update
City Manager recommending approval of proposed changes to Chapter 6 -
Amusements, Chapter 15 - Community Development of the City of Dubuque Code of
Ordinances and further recommending that Chapter 25 - Historic Preservation be
reviewed and updated as part of the Unified Development Code review process.
Suggested Disposition: Receive and File; Approve
9. Fiscal Year 2008 Budget Hearing Schedule
City Manager recommending approval of the Fiscal Year 2008 Budget Hearing
schedule.
Suggested Disposition: Receive and File; Approve
10. National League of Cities
Communication from Donald J. Borut, National League of Cities' Executive Director,
requesting that the City name one voting delegate and one alternate for the upcoming
National League of Cities Conference.
Suggested Disposition: Receive and File; Council
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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)(j) 2005 Code of Iowa
Jeanne F. Schneider
November 2, 2006
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