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11 6 06 Minutes this meeting CITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Regular Session, November 6, 2006 Council met at 6:30 P.M. in the Public Library Auditorium Present: Mayor Buol, Council Members Braig, Cline, Jones, Lynch, Michalski, City Manager Van Milligen, City Attorney Lindahl Absent: Council Member Connors 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 Mary Patricia Conlan, RSM, of Ecumenical Towers Proclamations: Iowa Great Places Proclamation received by Assistant City Manager Cindy Steinhauser; Hospice Care Month (November 2006) received by Jody Hoeger CONSENT ITEMS 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, upon motion received and filed. Proof of publication of City Council Proceedings of October 2, 2006, upon motion received and filed. Printed City Council Proceedings for April, 2006, upon motion received and filed and approved as printed. Investment Oversight Advisory Commission submitting the 54th Quarterly Report, upon motion received and filed. 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, upon motion received and filed and referred to City Attorney for investigation and report. 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, upon motion received and filed and concurred. Investment Oversight Advisory Commission: Communication from Charles Spielman submitting his resignation from the Investment Oversight Advisory Commission, upon motion received and filed. Request to Purchase: Communication from Charlene Jones, 48 Burns Street, requesting to purchase a portion of an alley/City street abutting her property, upon motion received and filed and referred to the City Manager. 1 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, upon motion received and filed. Cline moved adoption of Resolution No. 520-06 Approving an amended and restated Fiscal Year 2007 (Program Year 2006) Annual Action Plan - Amendment #2 for Community Development Block Grant Funds. Seconded by Jones. Motion carried 6-0. 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, upon motion received and filed and referred to the City Manager. 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, upon motion received and filed and approved recommendation. 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, upon motion received and filed. Cline moved adoption of Resolution No. 521-06 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. Seconded by Jones. Motion carried 6-0. 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, upon motion received and filed and approved recommendation. Mediacom Report: Kathleen McMullen, Area Manager - Mediacom, submitting the updated maps of the Mediacom system and the Corporate Mediacom Organizational Chart, upon motion received and filed. Comprehensive Plan Update: Long Range Planning Advisory Commission submitting the October 2006 Comprehensive Plan Update, upon motion received and filed. 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, upon motion received and filed. 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, upon motion received and filed and approved recommendation. 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 2 expansion and to provide a letter of support, upon motion received and filed and approved recommendation. 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, upon motion received and filed and approved recommendation. Quarterly Investment Report: City Manager submitting the September 30, 2006 Quarterly Investment Report, upon motion received and filed. 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, upon motion received and filed. Cline moved adoption of Resolution No. 522-06 Accepting improvement and Resolution No. 523-06 Approving final contract amount. Seconded by Jones. Motion carried 6-0. 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, upon motion received and filed. Cline moved adoption of Resolution No. 524-06 Accepting improvement and Resolution No. 525-06 Approving final contract amount. Seconded by Jones. Motion carried 6-0. 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 West, upon motion received and filed and approved recommendation. 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, upon motion received and filed and approved recommendation. 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, upon motion received and filed and approved recommendation. 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) , upon motion received and filed and approved recommendation. Dubuque Main Street: Certificate from Dubuque Main Street, Ltd. recognizing Washington Park for a Best Design/Beautification Project, upon motion received and filed and thanked Dubuque Main Street. 3 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, upon motion received and filed and approved recommendation. 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, upon motion received and filed and approved recommendation. 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, upon motion received and filed. 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, upon motion received and filed and approved recommendation. 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 -- Floodwall Improvement 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; upon motion received and filed. 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, upon motion received and filed. 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, upon motion received and filed and approved transfer. Business Licenses: Cline moved adoption of Resolution No. 526-06 Granting the issuance of a Class "B" Beer Permit to Happy Joe's; and a Class "C" Beer Permit to Big 1 0 Mart and Hy-Vee Gas #2 and Resolution No. 527-06 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. Seconded by Jones. Motion carried 6-0. ITEMS TO BE SET FOR PUBLIC HEARING 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 / Theisen Supply, Inc. expansion project at the Dubuque Industrial Center West, upon motion received and filed. Cline moved adoption of Resolution No. 528-06 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, 4 Iowa and providing for publication of notice thereof and setting public hearing for 11/20/06 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 Jones. Motion carried 6-0. Pine Box LLP / Washington Court, LP Agreement: City Manager recommending that a public hearing be set for November 20, 2006 to consider an agreement between Pine Box LLP / Washington Court, LP for the exchange of property for construction of parking facilities at 18th and Washington Streets, upon motion received and filed. Cline moved adoption of Resolution No. 529-06 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 and set this for public hearing on 11/20/06 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 Jones. Motion carried 6-0. 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, upon motion received and filed. Cline moved adoption of Resolution No. 530-06 Of intent to vacate and dispose of City interest in Lot 32A of Union Addition in the City of Dubuque, Dubuque County, Iowa and set this for public hearing on 11/20/06 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 Jones. Motion carried 6-0. 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, upon motion received and filed. Cline moved adoption of Resolution No. 531-06 Preliminary approval of plans and specifications; Resolution No. 532-06 Setting date of hearing on plans and specifications for 12/4/06 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. 533-06 Ordering bids. Seconded by Jones. Motion carried 6-0. 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 No one spoke. Appointments to the following Commission: Human Rights Commission (Two unexpired terms - terms of Loney and Gassman) Applicants: Patricia Foster, Katrina Wilberding, Gretel Winterwood Upon vote, Patricia Foster appointed to the term unexpired term expiring 1/1/08 and Katrina Wilberding appointed to the unexpired term expiring 1/1/09. PUBLIC HEARINGS Upon motion the rules were suspended to allow anyone present to address the Council. 5 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 and communication from the State Historical Society of Iowa providing comments on the proposed individual historic designation of 565 Fenelon Place, upon motion received and filed and approved recommendation. 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 and communication from David Olson, Principal of Hempstead High School, regarding the request for a Residential Parking Permit District, upon motion received and filed. Kim Ruhter, 2065 Admiral, spoke objecting to residential parking permit districts and requested consideration of parking on one side only. William Thill, 1862 Hansel Drive, spoke stating the School Board needs to address this problem. Shannon Mussman, 1885 Hansel Drive, spoke in support of the proposed residential parking permit district. Helen Shaben, 1875 Hansel Drive, spoke of concerns with the narrow street and winter's snow and ice problems. Brian Tschiggfrie, 1870 Hansel Drive, spoke objecting to student parking on this narrow street. An Ordinance Establishing a Residential Parking Permit District on Hansel Drive from Keystone Drive to Keymont Drive, presented and read. Cline 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 and moved final consideration and passage of the Ordinance. Seconded by Jones. Motion failed due to following vote: Yeas--Buol, Lynch. Nays-Braig, Cline, Jones, Michalski. Jones moved that this be considered the first reading of the Ordinance. Seconded by Braig. Motion carried 5-1 with Michalski voting Nay. 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, upon motion received and filed. Phil Mihalakis spoke and thanked the staff and others for this project. Cline moved adoption, as amended, of Resolution No. 534-06 Approving a Development Agreement providing for the sale of Lot 1 of Dubuque Industrial Center West 6th addition to P & L Venture, LLC. Seconded by Jones. Motion carried 6-0. 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 17th to 18th Streets as requested by John Gronen, representing Pine Box, LLLP and Washington Court, LP, a Resolution Approving plat of proposed vacated alley between Washington Street and Elm Street from 17th Street to 18th Street; a Resolution Vacating an alley between Washington Street and Elm Street from 17th Street to 18th Street; and a Resolution Disposing of City interest in Lot 159B of "East Dubuque" an addition in the City of Dubuque, Dubuque County, Iowa, presented and read. Upon completion of the public hearing Michalski moved to table action on this item. Seconded by Cline. Motion carried 6-0. 6 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, upon motion received and filed. Cline moved adoption of Resolution No. 535-06 Amending the current budget for the Fiscal Year ending June 30, 2007. Seconded by Jones. Motion carried 6-0. 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, upon motion received and filed. Michalski moved adoption of Resolution No. 536-06 Rejecting the contract bid proposal for the Schmitt Memorial Concrete Project. Seconded by Jones. Motion carried 6-0. 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, upon motion received and filed. Cline moved adoption of Resolution No. 537-06 Adopting plans and specifications, Resolution No. 538-06 Awarding contract and Resolution No. 539-06 Approving construction contract with Becker & Sons Stone Company, Inc. for the Villa Street Retaining Wall - Ornamental Railing Project. Seconded by Jones. Motion carried 6-0. 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, upon motion received and filed. 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, upon motion received and filed. Michalski moved adoption of Resolution No. 540-06 Adopting plans and specifications; Resolution No. 541-06 Awarding contract; and Resolution No. 542-06 Approving construction contract with Volkens Excavating, Inc., for the US 20 (Devon Drive to Menards) Capacity Improvements Project. Seconded by Lynch. Motion carried 6-0. 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, upon motion received and filed. Cline moved adoption of Resolution No. 543-06 Adopting plans and specifications; Resolution No. 544-06 Awarding contract; and Resolution No. 545-06 Approving construction contract with Portzen Construction, Inc., for the City Hall - First Floor Restroom Remodel Project. Seconded by Jones. Motion carried 6-0. 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, upon motion received and filed. Cline moved adoption of Resolution No. 546-06 Adopting plans and specifications; Resolution No. 547-06 Awarding contract; and Resolution No. 548-06 Approving construction contract with Connolly Construction, Inc. for the University Avenue Embankment Stabilization Project. Seconded by Lynch. Motion carried 6-0. Upon motion the rules were reinstated limiting discussion to the Council. 7 ACTION ITEMS Key City Subdivision - Final Plat: City Manager recommending approval of the final plat of Key City Subdivision in Dubuque County, upon motion received and filed. Cline moved adoption of Resolution No. 549-06 Approving final plat of Key City Subdivision in Dubuque County, Iowa. Seconded by Lynch. Motion carried 6-0. 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, upon motion received and filed. Ordinance No. 68-06 Approving the second amendment to the Cable Franchise Agreement between the City of Dubuque, Iowa and MCC Iowa, LLC, presented and read. Jones 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 Braig. Motion carried 6-0. Jones moved final consideration and passage of the Ordinance. Seconded by Lynch. Motion carried 6-0. 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 at 5:00 P.M. to discuss the application, upon motion received and filed and approved recommendation. 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., upon motion received and filed and approved recommendation. 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, upon motion received and filed. Ordinance No. 69-06 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, 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 Jones. Motion carried 6-0. Michalski moved final consideration and passage of the Ordinance. Seconded by Jones. Motion carried 6-0. Kyoto Protocol: Assistant City Attorney submitting information regarding the Kyoto Protocol, upon motion received and filed and staff was given direction to prepare an inventory of what the City is currently doing regarding the goal of becoming a green community and to prepare a resolution for Council consideration at a future meeting. Installation of Traffic Regulation Signs: City Manager recommending adoption of an ordinance authorizing the City Manager to place traffic signs, upon motion received and filed. Ordinance No. 70-06 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, presented and read. Jones moved that the requirement that a proposed 8 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 6-0. Jones moved final consideration and passage of the Ordinance. Seconded by Michalski. Motion carried 6-0. 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, upon motion received and filed and approved recommendation. Fiscal Year 2008 Budget Hearing Schedule: City Manager recommending approval of the Fiscal Year 2008 Budget Hearing schedule, upon motion received and filed and approved recommendation with date of final public hearing of the budget scheduled for Monday, March 12, 2007. 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, upon motion received and filed and directed that Mayor Buol and Council Member Michalski be designated as the voting delegate and alternate. COUNCIL MEMBER REPORTS Braig mentioned she had been warmly welcomed at the Homeless Sleep out in Washington Park. Michalski shared that she represented the City at a meeting focusing on the landfill and stated that Dubuque is way ahead of a lot of cities as far as recycling. Jones urged citizens to vote in the upcoming election. At 8:52 P.M. upon motion it was resolved to go into Closed Session re: Pending Litigation and Property Acquisition - Chapter 21.5(1)(c)U) 2005 Code of Iowa. At 9:47 P.M. Council reconvened Regular Session stating that staff had been given proper direction. There being no further business, upon motion the meeting adjourned at 9:48 P.M. ~:.:::~~~J City Clerk 1t11/15 9