3 6 06 Agenda No Icons
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
6:30 P.M.
LIBRARY AUDITORIUM
MONDAY, MARCH 6, 2006
INVOCATION
Reverend Joan Haug, Chaplain of Mercy Health Center
PROCLAMATIONS
Mental Retardation Awareness Month (March 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
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
2. Notice of Claims/Suils
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
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
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
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.
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 9364.2 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
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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
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
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
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
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
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
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12. Five Flags HVAC Phase II Project
City Manager recommending acceptance of the Five Flags HV AC 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
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
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
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 30-day deadline.
Suggested Disposition: Receive and File; Approve
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
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17. West 320d 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
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
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
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
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
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
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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
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
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
3/20106
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
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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
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
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
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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
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 5/21108, 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
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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
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
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
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
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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
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
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
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