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3 6 06 Agenda with Icons CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:30 P.M. LIBRARY AUDITORIUM MONDAY, MARCH 6, 2006 fNVOCA TION Reverend Joan Haug, Chaplain of Mercy Health Center PROCLAMATIONS Mental Retardation Awareness Month (March 2006) ~ 't:.!J Mental Retardation Awareness 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 City Council of 2/14, 2/20, 2/21, and 2/23; Housing Commission Trust Fund Committee of 6/23; Park and Recreation Commission of 2/14; Zoning Board of Adjustment of 2/23 Proofs of publication of City Council Proceedings of February 6 and February 7, 2006 and List of Claims and Summary of Revenues for month ending January 31, 2006 Suggested Disposition: Receive and File ~ ~ 1iVQ'\.... ~ ~ IiVQ'\ ~ ~ ~ City Council of 2/14 City Council of 2/20 City Council of 2/21 City Council of 2/23 Housing Trust Fd Park and Rec lifID Zoning Bd of Adj 2. Notice of Claims/Suits Tina Marie Hessel vs City of Dubuque, et al Suggested Disposition: Receive and File; Refer to City Attorney City Attorney recommending settlement of the claim of Randy Seay for property damage and directing the Finance Department to issue payment. Suggested Disposition: Receive and File; Concur; Finance to Issue Payment rJi Claim - Settled 3. Iowa State University - Dubuque County Extension Nancy Everman, County Extension Education Director, submitting the annual Stakeholders Report for Dubuque County. Suggested Disposition: Receive and File ~ ISU Report 4. U.S. Conference of Mayors City Manager recommending approval of funding for the City of Dubuque to participate in the U.S. Conference of Mayors beginning in Fiscal Year 2006. Suggested Disposition: Receive and File; Approve ~ US Conf of Mayors - MVM Memo 5. Legislative Correspondence City Manager correspondence to area legislators urging a "no" vote on HSB 697 and SSB 3179 - Deferred Retirement Option Plan (DROP). City Manager correspondence to members of the State Senate Judiciary Committee, Ways and Means Committee, Local Government Committee and local legislators encouraging their opposition to HF 2351 regarding changes to the requirements when a city is considering the use of eminent domain. City Manager correspondence to the local State Representatives advising that he has written to members of the State Senate encouraging opposition to HF 2351 regarding eminent domain. 2 City Manager correspondence to local legislators encouraging their opposition to HF 2321 (HF 2351) regarding changes to the requirements when a city is considering the use of eminent domain. City Manager correspondence to Representatives Pam Jochum, Pat Murphy, Rick Olson and Walt Tomenga thanking them for their efforts and vote to oppose HF 2351 regarding the use of eminent domain. City Manager correspondence to local legislators urging support for HSB 530 regarding the use of withholding tax credits for job creation in urban renewal districts. City Manager correspondence to local legislators encouraging them to support an amendment to Iowa Code S364.2 to clarify a city's authority to charge a franchise fee to a utility based on the gross revenue from the sale of the utility's product. City Manager correspondence to Senators Mike Connolly, Tom Hancock, and Roger Stewart encouraging them to oppose SSB 3146 that establishes a State Communication Franchise which would, as proposed, eliminate all existing municipal franchise agreements and replace them with a State Franchise Agreement. City Manager correspondence to Representatives Pam Jochum, Pat Murphy, Thomas Schueller, Steve Lukan, and Ray Zirkelbach urging them to oppose HSB 670, which establishes a State Communication Franchise which would, as proposed, eliminate all existing municipal franchise agreements and replace them with a State Franchise Agreement. Suggested Disposition: Receive and File Iii8'I ~ ~ ~ ~ ~ ~ ~ ~ ~ HSB 697 SSB 3179 HF 2351 #1 HF 2351 #2 HF 2321 HF 2351 - 2/17 ~ HSB 530 ~ G ~ ~ ~ ~ Sec. 364.2 SSB 3146 HSB 670 6. University Avenue Embankment Stabilization Project City Manager recommending approval to hire IIW Engineers & Surveyors, P.C. to complete the engineering design services for the University Avenue Embankment Stabilization Project in an amount not to exceed $13,900. Suggested Disposition: Receive and File; Approve ~ ~ ra Errbankrrent - MVM Merro Errbankrrent - Staff Merro Errbankrrent - IIW Proposal 3 7. University Avenue Culvert Extension/Sanitary Sewer Reconstruction Project City Manager recommending approval to hire IIW Engineers for design services associated with the University Avenue Culvert Extension and Sanitary Sewer Reconstruction projects. Suggested Disposition: Receive and File; Approve 6[) ~ ~ Cu",ert - MVM Merro Cu",ert - Staff Merro Cu",ert-IIW Proposal 8. Upper Catfish Creek Watershed Project City Manager recommending approval of a letter of support for the Dubuque County Soil and Water Conservation District grant application to fund the Upper Catfish Creek Watershed Project. Suggested Disposition: Receive and File IiVIJ'i U ~... EJ Lii Catfish Creek Proposal ~ Catfish Creek - MVM Merro Catfish Creek - Staff Merro Catfish Creek - Ur of Support 9. Bergfeld Recreation Area Development Project City Manager recommending acceptance of the Bergfeld Recreation Area Development Project as completed by Drew Cook & Sons Excavating in the final contract amount of $506,512.99. RESOLUTION Accepting improvement RESOLUTION Approving final contract amount Suggested Disposition: Receive and File; Adopt Resolutions ~ ~ ~ Bergfeld - MVM Merro Bergfeld - Staff Merro Bergfeld - Resolutions 10. Golf Cart Lease Agreement City Manager recommending approval of a five-year lease agreement with Dubuque Bank and Trust Company, the leasing agent for Harris Golf Cars, for fifty golf cars for the Bunker Hill Golf Course. Suggested Disposition: Receive and File; Approve 4 JiiLl'I U ~ ~ GoW Cars - MVM Merro GoW Cars - Staff Merro GoW Car Lease Agreerrent 11. Bunker Hill Golf Course Management Agreement City Manager recommending approval of a management agreement with G.M.S., Inc. (George Stephenson) for the Bunker Hill Golf Course for the period beginning March 1, 2006 through November 30, 2006. Suggested Disposition: Receive and File; Approve ~ ~ ~ EJ Bunker - MVM Merro Bunker - Staff Merro Bunker Hill Mgnt Agr 12. Five Flags HVAC Phase II Project City Manager recommending acceptance of the Five Flags HVAC Phase II Project as completed by Geisler Brothers Company in the final contract amount of $119,588.05. RESOLUTION Accepting improvement RESOLUTION Approving final contract amount Suggested Disposition: Receive and File; Adopt Resolutions ~ EJ IiiilJ'I EJ ~ EJ HVAC - MVM Merro HVAC - Staff Merro HVAC - Resolutions 13. Five Flags Center Renovation Project City Manager recommending acceptance of the Five Flags Center Renovation Project as completed by Conlon Construction Company in the final contract amount of $1,694,578.48. RESOLUTION Accepting improvement RESOLUTION Approving final contract amount Suggested Disposition: Receive and File; Adopt Resolutions IiVQ'l EJ ~...'.. L!J ~ EJ Renovation - MVM Merro Renovation - Staff Merro Renovation - Resolutions 5 14. Swimming Pool Concession Agreement City Manager recommending approval of a concession agreement with Choo Choo Charlie's to operate the concession stands at Flora and Sutton swimming pools. Suggested Disposition: Receive and File; Approve ~,.. ..eM:" . ~ IiVP'l CU Concessions - MVM Merro Concessions - Staff Merro Concession Agreerrent 15. 2006 Sidewalk Inspection Program City Manager recommending approval of a modification to the Sidewalk Inspection Program allowing a 50 percent permit fee reduction if the sidewalk repair is completed prior to the initial 3D-day deadline. . Suggested Disposition: Receive and File; Approve ~ LSJ ~li ,:.,;" ~ ~ Sidewalk Inspection Routes ~ ~ Sidewalk. MVM Merro Sidewalk - Staff Merro Sidewalk Notifk:ation Ltr 16. Stormwater Facilities Fee Agreement City Manager recommending approval of a proposed Stormwater Facilities Fee Agreement with the development group of The Finley Hospital, Hartig Drug and Dubuque Bank and Trust to provide detention basin services for the development at University Avenue and North Grandview Avenue. Suggested Disposition: Receive and File; Approve ~ E.J ~ E.J ~ o Storl1lNater - MVM Merro Storrrwater - Staff Merro StormNater Fee Agreerrent 17. West 32nd Street Detention Basin City Manager recommending approval to establish the fair market value of a property located at 655 Gillespie Street for purchase of the property for expansion of the West 32nd Street Detention Basin. RESOLUTION Establishing the fair market value of real property located at 655 Gillespie Street in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution ~ ~ ~ EJ ~..." L:J ~ W 32nd - MVM Merro W 32nd - Staff Merro W 32nd - Resolution Property Owner Ltr 6 18. Washington Neighborhood Park City Manager recommending approval of the acquisition of three properties in the Washington Street neighborhood for the purpose of developing a park at the intersection of 18th Street and Washington Street. RESOLUTION Approving the acquisition of three parcels of real estate located at the northwest corner of the intersection of 18th and Washington Streets, at 1837 Washington Street and at 1839 Washington Street in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution Iiiif'l ~ ~ Iiiif'l ~ Park - MVM Merro Park - Staff Merro Park ~ Resolution 19. U.S. Department of Housing and Urban Development Communication from the U.S. Department of Housing and Urban Development advising that they are in receipt of the City's third amendment to the Fiscal Year 2006 Community Development Block Grant Annual Action Plan. Suggested Disposition: Receive and File ~ HUDUr 20. Dakota, Minnesota and Eastern Railroad Corporation City Manager correspondence to the City's federal legislators regarding the plans of the Dakota, Minnesota and Eastern Railroad Corporation to extend their rail line. Suggested Disposition: Receive and File ~ ~ Railroad - MVM Ur 21. Voluntary Annexation Requests Communications from Gary and Mary Beth Valentine and Martin J. McNamer, North Cascade Road Developers, L.L.C., requesting voluntary annexation into the City of Dubuque. Suggested Disposition: Receive and File; Refer to City Manager ~ rli Valentine Ltr McNarrer Ltr 7 22. Transient Boat Dock Contract City Manager recommending approval of a contract with Abonmarche Group to complete engineering design services for the Port of Dubuque - Ice Harbor Transient Boat Dock Facility Project in the amount of $24,000. Suggested Disposition: Receive and File; Approve ~~ """'" ....,." ~ Boat Dock - MVM Merro Boat Dock - Staff Merro 23. Sam's Club Escrow Agreement City Manager recommending approval of an Escrow Agreement with Wal-Mart related to the required street improvements for the Sam's Club development at the Northwest Arterial and Asbury Road. Suggested Disposition: Receive and File; Approve ~ ~ ~.,' ..,",,".., . ~ ". . ..~: - Escrow - MVM Menu Eescrow - BAL Merm Escrow Agreerrent 24. Business Licenses RESOLUTION Granting the issuance of a Class "C" Beer Permit to Dubuque Discount Gas RESOLUTION Granting the issuance of a Class "C" Beer/Liquor License to Eagles Club, PJ's, Rafters and the Yardarm Bar RESOLUTION Granting the issuance of a Class "C" Beer/Liquor License to the Water Hole Suggested Disposition: Adopt Resolutions ~..- ,.;~:': - ~ ~., ~ g Resolution # 1 ResolutKm #2 Resolution #3 Poke Reports 8 ITEMS TO BE SET FOR PUBLIC HEARING 1. General Obligation Bonds - Stormwater Projects City Manager recommending that a public hearing be set for March 20, 2006 to consider issuing $2,900,000 in General Obligation Bonds to support stormwater projects. RESOLUTION Fixing date for a meeting on the proposition of the issuance of not to exceed $2,900,000 General Obligation Bonds (for essential corporate purposes) of Dubuque, Iowa and providing for publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 3/20/06 Iiif:1'I L.::J fi[:j ~ Bonds ($2.9) - Resolution Bonds ($2.9) - MVM Merro Bonds ($2.9) - Staff Merro 2. General Obligation Urban Renewal Bonds - Parking Ramp Restoration Projects City Manager recommending that a public hearing be set for March 20, 2006 to consider issuing $910,000 in General Obligation Urban Renewal Bonds to support restoration projects at the Locust Street and Iowa Street Parking Ramps. RESOLUTION Fixing date for a meeting on the proposition of the issuance of not to exceed $910,000 General Obligation Urban Renewal Bonds of Dubuque, Iowa and providing for publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 3/20/06 fi[U ~ ~ ~ Bonds (Par~ng) - MVM Merro Bonds (Par~ng) - Staff Merro Bonds (Par~ng) - Resolution 3. Refunding of General Obligation Bonds City Manager recommending that a public hearing be set for March 20, 2006 to consider issuing $3,730,000 in General Obligation Bonds to refund the outstanding balance on 2000 Series Band C bonds. RESOLUTION Fixing date for a meeting on the proposition of the issuance of not to exceed $3,730,000 General Obligation Refunding Bonds (for an essential corporate purpose) of Dubuque, Iowa and providing for publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 3/20/06 9 ~ 'L::J ~ ~ Bonds (Refunding) - Resolution Bonds (Refunding) - MVM Merm Bonds (Refunding) - Staff Merm 4. Bonson Road Reconstruction Project City Manager recommending initiation of the public bidding process for the Bonson Road Reconstruction Project and setting a public hearing for April 3, 2006. RESOLUTION Preliminary approval of plans and specifications RESOLUTION Fixing the date of hearing on plans and specifications RESOLUTION Of necessity RESOLUTION Fixing date of hearing on Resolution of Necessity RESOLUTION Approving preliminary schedule of assessments RESOLUTION Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 4/3/06 ~ 1iVQ1.' ~ ~ ~ ~ Bonson Rd - MVM Merm Bonson Rd - Staff Merm Bonson Rd - Resolutions Bonson Rd - Assessrrents 5. Former Water Department and Stealth Racing - Buildings Demolition Project City Manager recommending initiation of the public bidding process for the Former Water Department and Stealth Racing - Building Demolition Project and setting a public hearing for April 3, 2006. RESOLUTION Preliminary approval of plans and specifications RESOLUTION Fixing the date of hearing on plans and specifications RESOLUTION Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 4/3/06 ~ fiijffi.-., o ~ Dermlition - MVM Merm Dermlition - Staff Merm Dermlition - Resolutions 10 6. Custer Street / Allison Henderson Sewer and Detention Basin Project City Manager recommending initiation of the public bidding process for the Custer Street / Allison Henderson Sewer and Detention Basin Project and setting a public hearing for April 3, 2006. RESOLUTION Preliminary approval of plans and specifications RESOLUTION Fixing the date of hearing on plans and specifications RESOLUTION Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 4/3/06 ~ ~ Iiifi1'I ~ Custer - MVM Meml Custer - Staff Meml Custer - Resolutions BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Boards/Commissions: Community Development Advisory Commission (One At-Large position [Wainwright] through 2/15/09 and one Low/Moderate Income position [Isenhart] through 2/15/09) Applicants for At-Large Position: R.J. Sullivan, Thomas C. Wainwright Applicant for Low/Moderate Position: Hillary A. Stubben Electrical Code Board (One Journeyman/Maintenance position [Pfohl] through 5/21/08, one At-Large position [Pregler] through 5/21/08, and two Electrical Background positions [new] through 5/21/09) Applicants: Bob Schmidt, Paul J. Uhlrich TV Cable Teleprogramming Commission (one vacant term through 6/30/06 and one vacant term through 6/30/07) Applicant: Burton Everist 1iiD'l..... ~ ~ U ~ rll E",ctrical Code Bel Apps ra Cab", "TV App Bel and Corrm List Overview Sheet Corrm Dev Adv Corrm Apps 11 ACTION ITEMS 1. River Pointe Development, LLC - Request to Rezone (First Reading on February 20, 2006) George Murphy, River Pointe Development, LLC, submitting a revised design for the development. Communication from Sister Margaret Ann Willging regarding the River Pointe Development project. Communications from Robin M. Kennicker regarding the River Pointe Development project. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying property located at 600 Mazzuchelli Drive from R-2 Residential District to PUD Planned Unit Development District with a Planned Residential designation Suggested Disposition: Receive and File; Motion B; Motion A ~ fW WillgingUr Kennicker Ur 2. Storage Container Ordinance (First Reading on February 6, 2006 and Second Reading on February 20, 2006) City Manager submitting a revised schedule of fees for exterior storage containers to be implemented should the ordinance be passed. ORDINANCE Amending Chapter 11 Building and Building Regulations of the City of Dubuque Code of Ordinances by adopting a new Article VII. Exterior Storage Containers and Storage Trailers establishing requirements for the use of exterior storage containers and storage trailers Suggested Disposition: Receive and File; Motion A ~J) .-.:-' ... Iiii?'l ~ ~.~ ,.c= - Fees. MVM Merro Fees. Staff Merro Suggested Motion Material from Previous Meetings ~ 1:::j ~ 1:::j 1ii@1.... EJ ria r:l r1i Containers. MVM Merro Containers - Staff Merro Containers ~ Ordinance Storage Container Photos Attachrrent # 1 Attachrrent # 2 12 rlJ: rli rli ra Attachrrent #3 Attachrrent #4 Containers ~ CharrtJerUr Containers - Coyle Ur 3. Organizational Development and Diversity Training (Tabled on February 20, 2006) City Manager recommending approval to authorize staff to negotiate a contract with One Ummah Consulting to perform Organizational Development and Diversity Training for City employees at a cost not to exceed $79,200. Suggested Disposition: Remove from Table; Receive and File; Approve ~!" ----.'. --.--" ~ ~ ~ L2J Training - MVM MenD Training - Staff MelT"O One Urrrrnh Proposal One Urrrrnh - Cost Estimate 4. Sedgwick Claims Management Services, Inc. - CEBA Application City Manager recommending approval of the submission of a Community Economic Betterment Account (CEBA) Application on behalf of Sedgwick Claims Management Services, Inc. RESOLUTION Authorizing the filing of a Community Economic Betterment Account (CEBA) application on behalf of Sedgwick Claims Management Services, Inc. Suggested Disposition: Receive and File; Adopt Resolution ~ Fiif11 o ~ ~ o CEBA - MVM MelT"O CEBA - Staff MelT"O CEBA - Resolution CEDA - Application 5. Hunting and Target Practice Within City Limits City Manager recommending approval of an ordinance to allow hunting and target practice within the City limits on private property zoned Agricultural of not less than ten acres. ORDINANCE Amending City of Dubuque Code of Ordinances Chapter 33, Offenses and Miscellaneous Provisions, by adopting a new Section 33-17 Hunting Permitted, allowing hunting and target practice within the corporate limits of the City under certain conditions Suggested Disposition: Receive and File; Motion B; Motion A ~ L:::J ~. ..~::-.'. ...--., ~ fJt Ii[J Hunting. MVM Merro Hunting - Staff MelT"O Hunting - Ordinance Hunting - Maps Suggested Motion 13 6. Examining Board Communication from Richard A. Engelken, City Assessor, requesting appointment of a member to the Examining Board (previously former Administrative Services Manager Pauline Joyce) to serve a six-year term. Suggested Disposition: Receive and File; Council Appointment ~ Engelken Ltr 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. Jeanne F. Schneider, CMC City Clerk March 2, 2006 14