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12 4 06 Agenda with icons CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:30 P.M. LIBRARY AUDITORIUM MONDAY, DECEMBER 4,2006 INVOCATION Joanne M. Burrows, SC, PHD, President of Clarke College 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 10/23 and 11/13; City Council of 11/20; Electrical Code Board of 11/20; Housing Code Appeals Board of 6/20; Long Range Planning Advisory Commission of 11/15; Park and Recreation Commission of 10/10; Plumbing Board of 11/15; Transit Board of 10/12 and 11/9 Proof of publication of City Council Proceedings of November 6, 2006 Printed City Council Proceedings for July and August, 2006 Suggested Disposition: Receive and File; Approve as Printed Airport of 10/23 Airport of 11/13 E~ctrcal Code Bd Hsg Code Appeals Bd fWIj1 "BI ~ ~ EJ ~- ,-~ - ~ LRPAC ~ Park and Rec ~ ~ ~ ~ Plurrbing Bd Transit Proceedings. July Proceedings - August 2. Notice of Claims/Suits Mortgage Electronic Registration Systems, Inc. vs. City of Dubuque Housing and Community Development Department, et al 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: Tricia Vosberg- Padgett for personal injury Suggested Disposition: Receive and File; Concur ~.." I.": ~ Claim - !CAP 3. E.B. Lyons Interpretive Center Expansion Project Communications from the Long Range Planning Advisory Commission, Historic Preservation Commission and the Environmental Stewardship Advisory Commission in support of the E.B. Lyons Interpretive Center Expansion Project. Suggested Disposition: Receive and File ~ ~ E.J ,,;::H &1. EJ LRPAC - Ur of Support HPC - Ur of Support ESAC - Ur of Support 4. Comprehensive Plan Update Long Range Planning Advisory Commission submitting the November update on the Comprehensive Plan. Suggested Disposition: Receive and File ~ Update - LRPAC Ur ~ ~ Hurran Services Goal Education Goal 5. AlA Sustainable Design Team Grant Application City Manager transmitting the final grant application submitted on November 29, 2006 to the American Institute of Architects for the Sustainable Design Assessment Team Program. Note: Grant Application contained on separate CD. Communication from the Historic Preservation Commission in support of the AlA Sustainable Design Team Grant Application. 2 Suggested Disposition: Receive and File ~ ~ ~ Grant - MVM Merro Grant - Staff Merro Grant - HPC Ltr of Support 6. Bureau of Indian Affairs Regulations City Manager transmitting information on the proposed Bureau of Indian Affairs Rules regarding Indian Casinos and recommending that the City submit comments. Suggested Disposition: Receive and File; Approve ~-~ ,.-:=' . - ~.~. .=...,' m_,_ ra Bureau - MVM Merro Bureau - Staff Merro Federal Register. Proposed Rules 7. Brownfield Application City Manager recommending approval of an application to be submitted to the U.S. Environmental Protection Agency for a Brownfield's Assessment Grant to assess environmental contamination in and near the Bee Branch Restoration Area. RESOLUTION Endorsing an application for the U.S. Environmental Protection Agency's Brownfield Assessment Grant Program Suggested Disposition: Receive and File; Adopt Resolution ~ Brownfields - MVM Merro ~"' ~--'- - ~ ~ fij Brownfield - Staff Merro BrownfieJds - Resolution Brownfields - Map 8. Paint Ham House Trim Project City Manager recommending acceptance of the Paint Ham House Trim Project as completed by John C. Kaiser Company in the final contract amount of $35,830. RESOLUTION Accepting improvement RESOLUTION Approving final estimate Suggested Disposition: Receive and File; Adopt Resolutions ~ ~ ~ Ham House - MVM Merro Ham House - Staff Merro Ham House - Resolutions 3 9. Pyatigorsk Park Parking Lot Project City Manager recommending acceptance of the Pyatigorsk Park Parking Lot Project as completed by River City Paving in the final contract amount of $46,247.44. RESOLUTION Accepting improvement RESOLUTION Approving final estimate Suggested Disposition: Receive and File; Adopt Resolutions ~ @J:~1 c.J ~ Pyatigorsk - MVM Merro Pyataigorsk - Staff Merro Pyataigorsk - Resolutions 10. Financial Advisory Services City Manager recommending approval of a Request for Proposals for the City's financial advisory services. Suggested Disposition: Receive and File; Approve ~ ~ Iii81 ~ fii Services RFP - MVM Merro Services RFP - Staff Merro RFP - Cover Letter Financial5ervices RFP 11. City/County Winter Road Maintenance Agreement City Manager recommending approval of a new Cooperative Winter Roadway Maintenance Agreement between the City and County of Dubuque. RESOLUTION Approving the Winter Roadway Maintenance Agreement between the City of Dubuque and Dubuque County Suggested Disposition: Receive and File; Adopt Resolution ~ ~~ E.I iWl~ "EJ ~ Maint Agr - MVM Merro Agreerrent - Staff Merro Agreerrent - Resolution Maintenance Agreerrent 12. Human Rights Commission 2006 Annual Report City Manager submitting the Human Rights Commission's Annual Report for Fiscal Year 2006. Suggested Disposition: Receive and File ~ ~ E.I Report - Staff Merro ~~ :::!!!Ii 2006 Annual Report Report - MVM Merro 4 13. Administrative Service Concepts (ASC) Fee Renewal City Manager recommending approval of the renewal rates from Alternative Service Concepts (ASC) for administration of the City's workers' compensation program. Suggested Disposition: Receive and File; Approve ~.. ~..,:~., - ~ jifr, ~..". ~ ASC proposal ASC - MVM Merro ASC - Staff Merro 14. City of Dubuque Voluntary Annexation Communication from Chester J. Culver, Secretary of State, advising that the voluntary annexation of property as requested by Dubuque Bank and Trust has been reviewed and that it complies with the requirements of Iowa Code Section 368.7. Suggested Disposition: Receive and File r1i Annexation L1r 15. Cedar Ridge Farm Place No.7 Communication from Julian G. Nemmers requesting acceptance of the public improvements in Cedar Ridge Farm Place NO.7 in the City of Dubuque, Iowa. Suggested Disposition: Receive and File; Refer to City Manager ~ Nermers Ur 16. Rosedale Avenue Reconstruction Project City Manager recommending approval of the partial release of retainage of five percent of the construction costs to one percent for the Rosedale Avenue Reconstruction Project. Suggested Disposition: Receive and File; Approve ~ Rosedale - MVM Merro ~ "EJ Rosedalel - Staff Merro 5 17. Request for Proposals - Local Voice Service, Long Distance and Internet Service City Manager recommending approval of a Request for Proposals (RFP) for Local Voice Service, Long Distance and Internet Services in partnership with Dubuque County. Suggested Disposition: Receive and File; Approve ~ Loca I Voice RFP - MVM MellO Iwl~ ~ ~ Local Voice RFP Local Voice RFP - Staff MellO 18. Request for Proposals - Digital Orthophotography and Data Collection City Manager recommending approval of a Request for Proposals for Digital Orthophotography and Data Collection for the corporate limits of the City of Dubuque, as well as potential annexation areas. Suggested Disposition: Receive and File; Approve ~ ~ Digital RFP - Staff MellO ~ Digital RFP ~ Digital- MVM MellO Appendix A, B, C and D 19. Purchase of Parking Lot City Manager recommending approval of the purchase of the parking lot located at 1 ih and Bluff Street from Greg Stover in the amount of $115,000, plus the acknowledgement of a charitable donation, to provide additional parking opportunities for library customers and employees. Suggested Disposition: Receive and File; Approve ~ r;i Parking Lot - MVM MellO Property - Offer to Buy 20. FCC Notice of Inquiry City Manager recommending approval for the City of Dubuque to join a coalition of municipalities in responding to a Federal Communications Commission Notice of Inquiry on a number of issues affecting local communities, including the effect to local franchising on video competition, and to authorize up to $5,000 from the Cable TV budget for that purpose. Suggested Disposition: Receive and File; Approve ~ FCC - MVM MellO ~ EJ FCC - Staff MellO 6 21. Vision Iowa Update I Request for Extension Communication to Andy Anderson, Chairman of the Vision Iowa Board, providing an update on various Vision Iowa projects and requesting an extension for completion of the Shot Tower Restoration project. Suggested Disposition: Receive and File; Approve ~~~ El Vision Iowa Update 22. Grass Cutting Charges City Manager recommending approval of the levy of special assessments for grass cutting charges to the Dubuque County Treasurer in order to establish real property liens for collection of such charges. RESOLUTION Adopting the Schedule of Assessments for the grass cutting charges specifying the number of annual installments into which assessments are divided, the interest on all unpaid installments, the time when the assessments are payable and directing the Clerk to certify the Schedule of Assessments to the County Treasurer and to publish notice thereof Suggested Disposition: Receive and File; Adopt Resolution ~~" ~^-. ~ fiiEl1 L::J ~ lIJ ~ Assessrrents - MVM Assessrrents - Staff Assessrrents - Merro Merro Resolution Schedule of Assessrrents - Notk:e Assessrrents of Filing 23. Dubuque Screw Products, Inc. City Manager recommending approval of Dubuque Screw Products' Assignment of Development Agreement to Michael R. Scherr, President of Dubuque Screw Products Inc. Suggested Disposition: Receive and File; Approve ~... EJ ~ Ii Dubuque Screw - Assignrrent m Dubuque Screw - MVM Merro Dubuque Screw. Staff Merro Dubuque Screw Products Ltr 24. Signed Contracts -- Eagle Point Park Concrete Replacement Project - Change Order -- Cost Estimate - Survey and Plat for Shot Tower __ Floodwalllmprovement Projects - Change Order #3 -- A.Y. McDonald Park Project Suggested Disposition: Receive and File 7 fit 8i ~ Contract #3 Contract # 1 Contract #2 25. Business License Refund Request of Cindy McKenna for a refund of the liquor license for The Penalty Box in the amount of $633.75. Suggested Disposition: Receive and File; Approve Refund 26. Business Licenses City Manager recommending approval of annual liquor license renewals as submitted. RESOLUTION Granting the issuance of a Class "C" Beer Permit to Kwik Stop Food Mart _ 4039 Pennsylvania, Kwik Stop Food Mart - 2320 Hwy 61, Oky Doky #21 and Big 10 Mart RESOLUTION Granting the issuance of a Class "B" Liquor License to Holiday Inn Five Flags, Class "C" Liquor License to Pepper Sprout, Instant Replay, Cue Masters Billiards, Mario's Italian Restaurant, The White House, Bowling and Beyond, Las Margaritas; Special Class "C" Liquor License to Cookin Something Up; Class "B" Wine to Cookin Something Up; and Class "E" Liquor License for Sam's Club Suggested Disposition: Receive and File; Adopt Resolutions ~ ~ Renewal- MVM Renewals - Staff Memo Memo ~ ~ tW Resolution # 1 Resolution # 2 Police Reports ITEMS TO BE SET FOR PUBLIC HEARING 1. Code of Ordinance Update City Manager recommending that a public hearing be set for December 18, 2006 to consider approval of the revised Code of Ordinances. Suggested Disposition: Receive and File; Public Hearing 12/18/06 [!!J~'~ ",---=,,,-, , - ~ Code - Staff MelTD Code - MVM MelTD 8 2. Development Agreement for the Port of Dubuque Adams Development Project City Manager recommending that a public hearing be set for January 16, 2007 to consider approval of a Development Agreement with Port of Dubuque Adams Development LLC for a development in the Port of Dubuque, including the Adams Company building site. RESOLUTION (1) Approving the Minimum Requirements, Competitive Criteria, and Offering Procedures for the development of certain real property and improvements in the Greater Downtown Urban Renewal District; (2) determining that the Development Agreement submitted by Port Of Dubuque Adams Development, LLC satisfies the Offering Requirements with respect to the real property and improvements and declaring the intent of the City Council to approve the Development Agreement with Port of Dubuque Adams Development, LLC in the event that no competing proposals are submitted; and (3) soliciting competing proposals Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 1/16/07 ~~ m~~': . ~ mm~C' .. ~.': .'.~=c" ~ ~ ra Port of Dubuque Renderings Dev Agr - MVM Merro Dev Agr - Staff Merro Dev Agr - Resolution DeveloplTEnt Agreerrent 3. Chaplain Schmitt Memorial Project City Manager recommending initiation of the public bidding process for the Chaplain Schmitt Memorial project and further recommending that a public hearing be set for January 16, 2007. 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 1/16/07 ~~..~ ....-'-, - ~ ~~ E:I Merrorial- MVM Merro Merrorial- Staff Merro Merrorial - Resolutions 9 BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Commission: Human Rights Commission (Three 3-year terms through January 1, 2010 - Terms of Giesen, Jackson and Jarrard) Applicants: Mary Coan, Shane Oswald, Gretel Winterwood Appointment to the following Commission: Investment Oversight Advisory Commission (One unexpired term through 7/1/08) Applicant: Virgil Blocker ~ Bel and Conrn List ~...-.'.'.'.. o ~ at Overview Sheet Human Rights Applications 10AC Application PUBLIC HEARINGS SUSPEND THE RULES 1. Sewer Revenue Capital Loan Notes - $253,850 Proof of publication on notice of hearing to consider the proposition of issuing not to exceed $253,850 in Sewer Revenue Capital Loan Notes for rehabilitation of sanitary sewers in connection with the North Fork Catfish Creek Project and the Water Pollution Control Plant Study and City Manager recommending approval. RESOLUTION Instituting proceedings to take additional action for the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $253,850 Sewer Revenue Capital Loan Notes RESOLUTION Approving and authorizing a form of Interim Loan and Disbursement Agreement by and between the City of Dubuque and the Iowa Finance Authority, and authorizing and providing for the issuance and securing the payment of $253,850 Sewer Revenue Capital Loan Notes Anticipation project Note, Series 2006, of the City of Dubuque, Iowa under the provisions of the Code of Iowa, and providing for a method of payment of said Note Suggested Disposition: Receive and File; Adopt Resolutions ~ ~ m ~ EJ ~ Sewer Notes - MVM Sewer Notes - Staff Sewer Notes - Noth Merro Merro Ltr Sewer Notes - Resolution #1 Sewer Notes - Resolution #2 10 Material from November 20, 2006 City Council Meeting ~ ~ ~ ~ TI Sewer Notes - MVM Merro Sewer Notes - Staff Merro Sewer Notes - Noth Ltr Sewer Notes - Resolution 2. General Obligation Capital Loan Notes - $1,889,521 Proof of publication on notice of hearing to consider the proposition of issuing not to exceed $1,889,521 in General Obligation Capital Loan Notes from the State of Iowa Revolving Fund Loan (SRF) for the Lower Bee Branch Creek Restoration Project and Upper Bee Branch Creek Restoration Project and culvert improvements and creek restoration and stabilization undertaken as part of the North Fork Catfish Creek Project and City Manager recommending approval. RESOLUTION Instituting proceedings to take additional action on the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $1,889,521 General Obligation Capital Loan Notes RESOLUTION Approving and authorizing a form of Interim Loan and Disbursement Agreement by and between the City of Dubuque and the Iowa Finance Authority, and authorizing and providing for the issuance and securing the payment of $1,889,521 General Obligation Capital Loan Notes Anticipation project Note, Series 2006, of the City of Dubuque, Iowa under the provisions of the Code of Iowa, and providing for a method of payment of said Note Suggested Disposition: Receive and File; Adopt Resolution GO Loan - MVM GO Loan - Staff GO Loan - Noth Ltr GO Loan - Resolution GO Loan - Resolution Merro Merro #1 #2 ~ 1'WIi;;'l ~ rJi ~ @]~ EJ Material from November 20, 2006 City Council Meeting ~ Ii'ii?I EJ ~ ~-" ^.~ -- GO Notes - MVM Merro GO Notes - Staff Merro GO Loan - Noth Ltr GO Notes - Resolution 3. Port of Dubuque Storm Sewer Extension - Phase V Project Proof of publication on notice of hearing to consider the Port of Dubuque Storm Sewer Extension - Phase V Project and City Manager recommending award of the contract to Tschiggfrie Excavating in the amount of $118,492.40. RESOLUTION Adopting plans and specifications RESOLUTION Awarding construction contract for the Port of Dubuque Storm Sewer Extension - Phase V Project 11 RESOLUTION Approving construction contract with Tschiggfrie Excavating for the Port of Dubuque Storm Sewer Extension - Phase V Project Suggested Disposition: Receive and File; Adopt Resolutions ~......r ~~ .,...._". .- ~ Storm Sewer - Staff Memo ~ ~ Storm Sewer. Bid Tab Storm Sewer - MVM Memo Storm Sewer ~ Resolutions Material from November 6, 2006 City Council Meeting ~ ~ L:ill ii[j Storm Sewer - MVM Memo Storm Sewer - Staff Memo Storm Sewer - Resolutions REINSTATE THE RULES ACTION ITEMS 1. Residential Parking Permit District (First Reading on November 6, 2006 and Second Reading on November 20, 2006) Communication from Jude Claussen, 1833 Hansel Drive, urging a yes vote on the Residential Parking Permit District on Hansel Drive. ORDINANCE Establishing a Residential Parking Permit District on Hansel Drive from Keystone Drive to Keymont Drive Suggested Disposition: Receive and File; Motion A m Claussen Ur Material from November 20, 2006 City Council Meeting ~ ~ Hansel Dr - MVM Memo Hansel Dr - Staff Memo Material from November 6, 2006 City Council Meeting Hansel RPPD - MVM Hansel RPPD - Staff Hansel RPPD - Hansel RPPD - Olson Suggested Motion Merro Merro Ordinance ltr ~ ~ ~w ~ ".;"';. - ril ~,;; c;...-,: .. 12 Material from October 16, 2006 City Council Meeting ~ ~ ~ rtJ ~ RPPD - MVM Merro RPPD - Staff Merro RPPD - Resolution RPPD - Vicinity Map RPPD Request 2. Building Code Amendment and Window Replacement and Alteration Policy City Manager recommending approval of a Building Code Amendment and Window Replacement and Alteration Policy which would allow staff to have the ability to approve a building permit for the alteration or replacement of a window in a historic district in lieu of formal HPC Design Review, provided the proposed alteration or replacement meets either the City's Architectural Guidelines for Historic Structures or the Window Replacement and Alteration Policy. ORDINANCE Amending Chapter 11 (Building Regulations) of the City of Dubuque Code of Ordinances by amending Section 11-2 International Building Code Amendments and Section 11-6 International Residential Code Amendments Suggested Disposition: Receive and File; Motion B; Motion A ~ ~ ~.~ E.J ~~. ~ Window Policy Suggested Motion B1dg Code - MVM Bldg Code - Staff Merro Memo Bldg Code - Ordinance 3. Comprehensive Plan Update Communication from the Long Range Planning Advisory Commission requesting that a work session be scheduled for an update on the Comprehensive Plan. Suggested Disposition: Receive and File; Council (Suggested Date - January 22, 2006 at 5:30 p.m.) ~ COIT1J Plan - LRPAC Ur 4. Municipal Fire and Emergency Service Response and Deployment Study City Manager recommending that a work session be scheduled for January 3, 2007 at 5:00 p.m. to receive a presentation on the Municipal Fire and Emergency Service Response and Deployment Study from the consultant, Travis Miller of the Matrix Consulting Group. Suggested Disposition: Receive and File; Approve ~ fij Study - MVM Merro Response and Deployrrent Study 13 5. Fiscal Year 2008 Budget Hearing Schedule City Manager recommending approval to move the previously scheduled February 20th budget hearing to March 6, 2007. Suggested Disposition: Receive and File; Approve ~ '''~f ~..~"..... Budget Hrg - MVM Merro 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)U) 2005 Code of Iowa Jeanne F. Schneider November 30, 2006 14