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3 20 06 Agenda with icons - ORDER OF ROLL CALL FOR MEETING OF 3/20/06 CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:30 P.M. LIBRARY AUDITORIUM MONDAY, MARCH 20, 2006 BUOL CLINE CONNORS JONES LYNCH MICHALSKI BRAIG INVOCATION Reverend John Hulsizer, Pastor, Church of the Nazarene PROCLAMATIONS Gannon Center Appreciation ~ E.J Gannon Center 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 Arts and Cultural Affairs Advisory Commission of 1/24; City Conference Board of 3/1/05, 2/13 and 2/17; City Council of 3/2 and 3/6; Civil Service Commission of 1/26,3/2 and 3/10; Historic Preservation Commission of 2/23; Human Rights Commission of 2/13; Library Board of Trustees of 1/26; Long Range Planning Advisory Commission of 2/15; Zoning Advisory Commission of 3/1 Proofs of publication of City Council Proceedings of 2/13, 2/14, 2/20 (Special Session), 2/20 (Regular Session), 2/21, and 2/23 Suggested Disposition: Receive and File ~ 'L::J ~ m ~ Conf Bel of 2/17 ~ ~ ACAAC Conf Bel of 3/1/05 Conf Bel of 2/13 City Council of 3/2 Ctty Council of 3/6 ~,~ , "~ cc ~ IiiP't L.:J ~ EJ ri[J ~ Civil Service of 1/26 Cwil Service of 3/2 Civil Service of 3/10 HPC Human Rights Ubrary Bel ~ ~"'0 'i"~"'" - Long Range Planning Zoning Advisory 2. Notice of Claims/Suits Robert D. Boelk for property damage; Jody Klauer for vehicle damage; Francis McDonald for property damage; Desa Wefel for personal injury 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: Jody Klauer and Desa Wefel Suggested Disposition: Receive and File; Concur ElJ. Clairrs - lCAP 3. Arboretum Drive - Quit Claim Deed City Manager recommending acceptance of a quit claim deed for a right-of-way purchase from the Iowa Department of Transportation (Iowa DOT) on Arboretum Drive. RESOLUTION Accepting a conveyance of Lot A of Breven Place in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution ~ EJ ~" ," .~~':. . - ~ EJ ril rJi Arboretum M MVM MelTO Arboretum - Staff MelTO Arboretum - Resolution Arboretum - Vicinity Arboretum - Offer to Map Buy 2 4. Asbury Plaza Phase 2 - Acceptance City Manager recommending acceptance of the public improvements in Phase 2 of Asbury Plaza as completed by the developer, Rubloff Development Group, Inc. RESOLUTION Accepting improvements in Asbury Plaza - Phase 2 Suggested Disposition: Receive and File; Adopt Resolution ~ u ~ ~ fli ASbury Plaza. MVM Merro ASbury Plaza. Staff Merro Asbury Plaza. Resolution Asbury Plaza. Utiltty Map 5. Sanitary Sewer Master Plan - Request for Proposals City Manager recommending approval of the issuance of a Request for Proposal for engineering and design services for the Comprehensive Sanitary Sewer Master Plan. Suggested Disposition: Receive and File; Approve ~ ~ EJ Sewer Plan - MVM Merro Sewer Plan - Staff Merro NOTE: The Sanitary Sewer Master Plan RFP is included on CD as a separate file. 6. Pedestrian Wayfinding Sign Design - Request for Proposals City Manager recommending approval of the issuance of Request for Proposals to provide graphic design services for a directional Pedestrian Wayfinding Sign Program for persons traveling throughout Downtown Dubuque and the Port of Dubuque. Suggested Disposition: Receive and File; Approve ~ ~ ~ EJ flJ: ~ EJ Wayfinding . MVM Wayfinding . Staff Wayfinding Signs Wayfinding Signage Wayfinding Sign Merro Merro RFP Map Locations 7. Shot Tower Archeological Survey City Manager recommending approval of the selection of Great Lakes Archaeological Research Center, Inc. for the Archeological Survey of the Shot Tower and to authorize staff to negotiate a contract. Suggested Disposition: Receive and File; Approve ~ ~ e [it fi Shot Tower - MVM Shot Tower - Staff Memo Memo Great lakes Proposal Berger Group Proposal Wapsi Valley Proposal 3 8. Eagle Valley Project City Manager recommending approval of the publication of a combined notice of finding of no significant impact on the environment and notice of intent to request release of funds for the Eagle Valley Project. RESOLUTION Authorizing publication of a Combined Notice of Finding of No Significant Impact on the Environment and Notice of Intent to Request Release of Funds for the Eagle Valley Project Suggested Disposition: Receive and File; Adopt Resolution ~ ~ ~~ '._-- .. -. IiVij3'l ~ Eagle Valley' MVM Merro Eagle Valley' Staff Merro Eago, Valley' Resolution Eagle Valley . Exhib~ A 9. Miller-Riverview Park Management Agreement City Manager recommending approval of a management agreement with Pat Felderman for Miller-Riverview Park for the period April 1 through November 1, 2006. Suggested Disposition: Receive and File; Approve ~ o Iiii]'l C!J ~ Park. MVM Merro Park. Staff Merro Managerrent Agreerrent 10. One Ummah Consulting for Diversity Training City Manager recommending approval of the negotiated contract with One Ummah Consulting for Diversity Training and Organizational Development. Suggested Disposition: Receive and File; Approve ~ ~ ~ ~-- .. e Training - MVM MelTD Training - Staff Merro One Urrrrah Agreerrent Travel APs 11. City Hall First Floor Restrooms - Request for Proposals City Manager recommending approval of a contract with Anderson Design & Consulting, Inc. for architectural services for the City Hall First Floor Restrooms Project. Suggested Disposition: Receive and File; Approve 1iVij3'l.. o rJi ril C~ Hall- MVM Merro C~ Hall. Staff Merro City Hall. Contract 4 12. PEG Access Capital Grant Expenditure City Manager recommending approval of a request from Mediacom for funding from the Capital Grant for Access Equipment and Facilities in the amount of $6,089 for a new switcher for Mediacom's public access studio. Suggested Disposition: Receive and File; Approve ~JG ..:....". .~ ~ PEG - MVM Merro PEG - Staff Merro 13. Town Clock Plaza Banners City Manager recommending approval of the installation of banners in Town Clock Plaza for advertisement of non-profit events. Suggested Disposition: Receive and File; Approve ~ L2J ~ ~... EJ u Banners - MVM Merro Banners - Staff Merro Banners - Staff Merro (Spence) Banners - Request Ur 14. Fire Department Response and Deployment Study City Manager recommending approval of the selection of The Matrix Consulting Group to perform a Municipal Fire and Emergency Service Response and Deployment Study for the Fire Department. Suggested Disposition: Receive and File; Approve ~.:, ~":'" ,... ~,3'i "_.~ - ~ ~ U Gi ~ Fire Study - MVM Merro Fire Study - Staff Merro The Matrix Group Proposal Request for Proposals Fire Station and District Ma p Fringe Area Map 15. Civil Service Commission Civil Service Commission submitting the certified lists for the positions of Equipment Operator I, Truck Driver, Foreman, and Golf Course Supervisor. Suggested Disposition: Receive and File; Make a Matter of Record ~ 't2J ~ ~ ~ ~ ~ Equiprrent Operator IUr Truck Driver ltr Foreman Ur Golf Course Supv Ur 5 16. Altar Scrap Rezoning Communication from Dave Beidler, representing his mother, requesting that the name Mrs. Donna Beidler be removed from the petition in opposition to the Altar Scrap rezoning. Suggested Disposition: Receive and File Fa BeidlerUr 17. Dubuque Regional Humane Society Communication from the Dubuque Regional Humane Society in opposition to the proposed rezoning for Alter SalvagefTschiggfrie Excavating request at 190 North Crescent Ridge. Suggested Disposition: Receive and File fii Hurmne Society Ltr 18. Legislative Issues City Manager communication to federal legislators regarding continued support of the Community Services Block Grant (CSBG) Program. City Manager communication to Congressman Jim Nussle requesting his help in restoring funding to the Community Development Block Grant (CDBG) Program. City Manager communication to Senator Charles Grassley requesting his help in restoring funding to the Community Development Block Grant (CDBG) Program. City Manager communication to Governor Tom Vilsack regarding the plans of the Dakota, Minnesota and Eastern Railroad Corporation (DM&E) to extend their rail line. City Manager communication to area legislators urging a no vote to HF 2712 and its companion bill SF 2265 regarding the establishment of a deferred retirement option plan (DROP) for the Municipal Fire and Police Retirement System. Suggested Disposition: Receive and File ~ ~ ~ ~ ~. ~ ~ '".:~ - CSSG Ur of Support NussleLtr Grassley L1r VllsackUr HF 2712 6 19. Dubuque Metropolitan Area Solid Waste Agency Communication from the Dubuque Metropolitan Area Solid Waste Agency withdrawing their request to rezone property located on Highway 20 West from AG Agricultural District to LI Light Industrial District, which was tabled at the May 16, 2005 City Council meeting. Suggested Disposition: Receive and File; Accept Withdrawal ~ DMASWA Ltr 20. Mediacom Communication from Kathleen McMullen, Mediacom, advising that there will be a price adjustment effective May 2006. Suggested Disposition: Receive and File Ii Mediacom Ur 21. Voluntary Annexation Application Application from Thomas L. and Sheri Henschel requesting voluntary annexation to the City of Dubuque. Suggested Disposition: Receive and File; Refer to City Manager clii Henschel Application 22. Historic Preservation Commission Communication from Laura Carstens, Planning Services Manager, advising that there is currently a vacancy on the Historic Preservation Commission as one member has become a City employee and is, therefore, ineligible to serve on the Commission. Suggested Disposition: Receive and File ~ ~ HPC Vacancy Merro 7 23. Settlement of Claim City Attorney recommending settlement of the claim of Tom and Anne Wernimont (d/b/a Beanies Cafe) for loss of income. Suggested Disposition: Receive and File; Approve ~ ~ ~ C",im - BAL Ur Wernirrnnt Claim Claim - Release Form 24. Enterprise Zone Commission Communication from Pamela Myhre, Economic Development Department Staff Member to the Enterprise Commission requesting the reappointment of City Manager Michael C. Van Milligen to the Enterprise Zone Commission as the City Council's representative. Suggested Disposition: Receive and File; Approve ~ Enterprise Zone Ltr 25. AED Contract for Resuscitation Outcomes Consortium City Manager recommending approval an agreement with Zoll Corporation for Automatic External Defibrillators (AED) Pro monitor defibrillators for a five year period at no cost to the City for participation in a National Institute of Health Resuscitation Outcomes Consortium (ROC). Suggested Disposition: Receive and File; Approve ~ ~ 'L"2J m AEDs - MVM Merro AEDs - Staff Merro ROC Agreement 26. Business Licenses RESOLUTION Granting the issuance of a Class "B" Beer (5 Day Special Event) to Rotary Club of Dubuque RESOLUTION Granting the issuance of a Class "C" Beer/Liquor License to Los Arcos, Copper Kettle, Bar X, Dubuque Greyhound Park and Casino, Bunker Hill Golf Course, Isabella's and Knights of Columbus Suggested Disposition: Adopt Resolutions 8 ~ ~ Bi Resolution # 1 Resolution #2 Police Reports ITEMS TO BE SET FOR PUBLIC HEARING 1. 2006 Asphalt Paving Project City Manager recommending initiation of the public bidding process for the 2006 Asphalt Paving Project and that a public hearing be set for April 17, 2006 to consider adoption of the plans and specifications. 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 4/17/06 IiiR'I ~ ~ ~ ~ 2006 Paving - MVM Merro 2006 Paving - Staff Merro 2006 Paving - Resolutions 2. Port of Dubuque Parking Lot #1 Project City Manager recommending initiation of the public bidding process for the Port of Dubuque Parking Lot #1 Project and that a public hearing be set for April 17 , 2006 to consider adoption of the plans and specifications. 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 4/17/06 ~ ~ ~ ~.. LJ Parking Lot - MVM Merro Parking Lot - Staff Merro Parking Lot- Resolutions 9 3. A.Y. McDonald Park Development- Phase II Project City Manager recommending initiation of the public bidding process for the A.Y. McDonald Park Development - Phase II Project and that a public hearing be set for May 1, 2006 to consider adoption of the plans and specifications. 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 5/1/06 ~ 6[J ~ ~ Park - MVM Merro Park - Staff Merro Park. Resolutions BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Boards/Commissions: Arts and Cultural Affairs Advisory Commission (One unexpired three-year term (Arts position) through 6/30/07 Applicants: Gail Chavenelle, Jeff Goldsmith, Catherine Goodman, Thomas Goodman, Richard Hall, Ellen Hartman Henkels, Louise Kames, Otto Krueger, loana Mamali, Michelle McKinlay, Gene Perry, Edwin Ritts, Jr., John Tilton, Gene Tully, John Woodin Zoning Board of Adjustment (One 5-year term through 3/25/11 - term of Klauer) Applicant: Randy Klauer Appointments to 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 Income 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 Additional Applicant: Kevin Pfohl TV Cable Teleprogramming Commission (one vacant term through 6/30/06 and one vacant term through 6/30/07) Applicant: Burton Everist 10 ~ ~ flj ~ rll ~ Bd and Corrm List Overview Sheet Arts Applications Zoning Bd of Adj Corrm Dev Adv Electrical Code Bd Apps Corrm Apps Apps ~ Ca ble TV App PUBLIC HEARINGS SUSPEND THE RULES 1. 605 Peru Road - Request to Rezone Communication from Robert Clauer requesting that the rezoning of property located at 605 Peru Road be tabled. Proof of publication on notice of hearing to consider rezoning property located at 605 Peru Road from R-1 Single-Family Residential District to LI Light Industrial District as requested by Robert Clauer. Suggested Disposition: Receive and File; Table ril ClauerUr 2. Roger Kunde/North End Wrecking - Request to Rezone (Tabled on February 20, 2006) Proof of publication on notice of hearing to consider rezoning property located at 55 West 32nd Street from AG Agricultural District to HI Heavy Industrial District as requested by Roger Kunde/North End Wrecking and Zoning Advisory Commission recommending approval. Communication from Joseph J. Bitter, representing North End Wrecking, regarding the requested rezoning. Communication from Paul J. Uhlrich, 480 Olympic Heights Road, in opposition to the proposed rezoning. Communication from Hope Huseman submitting a petition in opposition to the proposed rezoning for North End Wrecking. Communication from Dan McDermott, McDermott Brothers Construction, in opposition to the proposed rezoning. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying property located at 55 West 32nd Street from AG Agricultural District to HI Heavy Industrial District 11 Suggested Disposition: Receive and File; Motion B; Motion A ~ ~ ~ t1i ~ Kunde - ZAC Ur Kunde - Application Kunde - Attorney IDNR Ur / NPDES Kunde - Engineering Urs (3 Notices Ur ~ ~ EJ rll rJi ~ Kunde - Staff Report Kunde - Ordinance Bitter Mater,,1 Uhlrich Ur Huserren Petition rli ~.. "'~,: . McOerrrott Ur Suggested Motion 3. Alta Vista I Carlotta Street Reconstruction Project Proof of publication on notice of hearing to consider adoption of the plans and specifications for the Alta Vista I Carlotta Street Reconstruction Project and City Manager recommending approval of the plans and specifications and the Resolution of Necessity. RESOLUTION Adopting plans and specifications RESOLUTION With respect to the adoption of the Resolution of Necessity proposed for the Alta Vista I Carlotta Streets Reconstruction Project Suggested Disposition: Receive and File; Adopt Resolutions ~ EJ rIiM'l EJ ~ EJ A~a V5ta - MVM Merro Ma V5ta . Staff Merro A~a V5ta . Resolutions 4. General Obligation Bonds - Stormwater Projects Proof of publication on notice of hearing to consider issuing $2,900,000 in General Obligation Bonds to support stormwater projects and City Manager recommending approval to take additional action for the issuance. RESOLUTION Instituting proceedings to take additional action for the issuance of not to exceed $2,900,000 General Obligation Bonds Suggested Disposition: Receive and File; Adopt Resolution ~ EJ ~ ~ ~ Bonds ($2.9) . MVM Merro Bonds ($2.9) - Staff Merro Bonds ($2.9) - Resolution 12 Material from March 6, 2006 City Council Meeting ~ ~ ~ ~ Bonds ($2.9) - MVM Merro Bonds ($2.9) - Staff Merro Bonds ($2.9) - Resolution 5. General Obligation Urban Renewal Bonds - Parking Ramp Restoration Projects Proof of publication on notice of hearing to consider issuing $910,000 in General Obligation Urban Renewal Bonds to support restoration projects at the Locust Street and Iowa Street Parking Ramps and City Manager recommending approval to take additional action for the issuance. RESOLUTION Instituting proceedings to take additional action for the issuance of not to exceed $910,000 General Obligation Urban Renewal Bonds Suggested Disposition: Receive and File; Adopt Resolution ~. ,:,',. - ~ ~ ~ ~ Bonds (Parking) - MVM Merro Bonds (Parking) - Staff Merro Bonds (Parking) - Resolution Material from March 6, 2006 City Council Meeting ~ EJ Iii@'I l!J ~ Bonds (Parking) - MVM Merro Bonds (Parking) - Staff Merro Bonds (Parking) - Resolution 6. General Obligation Bonds - Refunding of Balances Proof of publication on notice of hearing to consider issuing $3,730,000 in General Obligation Bonds to refund the outstanding balance on 2000 Series Band C bonds and City Manager recommending approval to take additional action for the issuance. RESOLUTION Instituting proceedings to take additional action for the issuance of not to exceed $3,730,000 General Obligation Refunding Bonds Suggested Disposition: Receive and File; Adopt Resolution ~ ~ EJ ~ 2f , '~..: - Bonds (Refunding) - MVM Merro Bonds (Refunding) - Staff Merro Bonds (Refunding) - Resolution Material from March 6, 2006 City Council Meeting Iii@'I EJ ~ Iii@'I EU Bonds (Refunding) - MVM Merro Bonds (Refunding) - Staff Merro Bonds (Refunding) - Resolution 13 7. Sale of General Obligation Bonds (Not a Public Hearing) City Manager recommending approval of the proceedings to set the date of ale of General Obligation Bonds in the aggregate principal amount of $7,305,000. RESOLUTION Directing the advertisement for sale of General Obligation Bonds, Series 2006A, General Obligation Urban Renewal Bonds, Series 2006B, and General Obligation Refunding Bonds, Series 2006C, in the aggregate principal amount of $7,305,000 and approving electronic bidding procedures Suggested Disposition: Receive and File; Adopt Resolution ~ E.I ~.\z ;...-.;.. ....- ~ E.I ~ Bonds - Bill Noth lir Bonds (Sa,,) - MVM Merro Bonds (Sa,,) - Staff Merro Bonds (Sa,,)- Resolution REINSTATE THE RULES ACTION ITEMS 1. River Pointe Development, LLC - Request to Rezone (First Reading on February 20, 2006; Second Reading on March 6, 2006) Communication from Sister Margaret Ann Willging regarding the proposed development on Kelly's Bluff. Communication from Gene Tully requesting to address the City Council regarding the River Pointe Development. Communication from Francine Banworth requesting to address the City Council regarding the River Pointe Development. 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 A ~.c\; -'""""""" .. .... fit g ~ River Pointe - Ordinance Wil9ing lir Tullylir Banworth Ltr 2. Fiscal Year 2007 Annual Action Plan - Amendment #1 Community Development Advisory Commission recommending approval of Amendment #1 to the Fiscal Year 2007 Annual Action Plan which would reduce funding for multiple public service activities. City Manager recommending approval of Amendment #1 to the Fiscal Year 2007 Annual Action Plan for the use of Community Development Block Grant Funds by 14 reducing the Housing and Economic Development Programs and the Community Partnership (cp2) Program. RESOLUTION Approving Amendment 1 to the Fiscal Year 2007 (Program Year 2006) Annual Action Plan for Community Development Block Grant Funds Suggested Disposition: Receive and File; Adopt Resolution ~ Iiil]'J ~ ~ ~ Action Plan - MVM Merro Action Plan - Staff Merro Action Plan - Resolution 3. Speed Limit on Tanzanite Drive Communication from Mert Atkinson, 1810 Amelia Drive, requesting that the speed limit on Tanzanite Drive between Peru Road and John Deere Road be increased from 25 miles per hour to 35 miles per hour. Suggested Disposition: Receive and File; Council Direction rJf Atkinson Ur 4. City of Dubuque Audit Services City Manager recommending that Eide Bailly LLP be retained as the City's auditing firm for the next five fiscal years. Suggested Disposition: Receive and File; Approve ~ ~ ~ en fa" g Audit - MVM Merro Aud~ - Staff Merro Ede Bailly Proposal Aud~ - Dollar Cost Bid 5. Hunting and Target Practice within City Limits (First Reading 3/6/06) 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 ~ Hunting - Ordinance 15 Material from March 6, 2006 City Council Meeting ~ ~ ~ rll Ii[U Hunting - MVM Merm Hunting - Staff Merro Hunting - Ordinance Hunting - Maps Suggested Motion 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)G) 2005 Code of Iowa Jeanne F. Schneider March 16, 2006 16