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4 3 06 Agenda No Icons CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:30 P.M. LIBRARY AUDITORIUM MONDAY, APRIL 3,2006 INVOCATION Reverend Terry Bemis, Pastor, Assembly of God Church PRESENTATION Presentation of City of Dubuque Flag to Irinia Koleva, Bulgaria PROCLAMATIONS Public Health Week (April 3 - 9, 2006) Credit Education Week (April 16 - 22,2006) Days of Remembrance of the Victims of the Holocaust (April 23 - 30, 2006) New Homes Month (April, 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 Airport Commission of 3/16; Cable TV Regulatory Commission of 2/8; Cable TV Teleprogramming Commission of 2/7; City Council of 3/20 and 3/27; Civil Service Commission of 3/10; Electrical Code Board of 3/27; Environmental Stewardship Advisory Commission of 3/7; Historic Preservation Commission of 2/23 and 3/16; Housing Code Appeals Board of7/19/05 (As Amended) and 9/20/05; Housing Commission of 1/24; Housing Commission Trust Fund Committee of 3/3; Library Board of 1/26; Long Range Planning Advisory Commission of 3/15; Transit Board of 3/9 Library Board of Trustees Update from Meeting of February 23, 2006 Printed City Council Proceedings for December, 2005 Proofs of publication of City Council Proceedings of 3/2 and 3/6, the Governing Board of the Municipal Housing Agency of 3/2, and the List of Claims and Summary of Revenues for month ending February 28, 2006 Suggested Disposition: Receive and File 2. Notice of Claims/Suits Allied Waste for property damage; Allied Waste for vehicle damage; Tina Marie Hessel v. City of Dubuque, et al; Crystal Howel for personal injury; Richard Jaeger for vehicle damage 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: Crystal L. Howell for personal injury; Richard Jaeger for vehicle damage City Attorney recommending approval of the claims of Francis McDonald for property damage and Roger Voss for personal injury and directing Finance Department to issue payment. City Attorney recommending denial of the claim of Robert D. Boelk for property damage. Suggested Disposition: Receive and File; Concur 3. Timber-Hyrst Estates - Creek Wood Drive Bridge City Manager recommending approval to hire IIW Engineers and Surveyors, P.C. for an amount not to exceed $7,900 to provide bridge construction engineering and inspection services for the Timber-Hyrst Estates - Creek Wood Drive Bridge. Suggested Disposition: Receive and File; Approve 4. NPDES Stormwater Permit - Storm Drain Stenciling Partnership City Manager submitting information on the City of Dubuque's partnership with the National Mississippi River Museum and Aquarium to stencil storm drain intakes to help fulfill a requirement for the City's NPDES Stormwater Permit. Suggested Disposition: Receive and File 5. Acceptance of Easement City Manager recommending approval of the acceptance of an easement from the Dubuque Community School District for traffic control devices for new signals at 11th and 12th Streets at Prescott School. RESOLUTION Accepting a Grant of Easement for traffic control devices to the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution 2 6. Harvest View Estates City Manager recommending acceptance of the public improvements that Harvest Development Group, LLC has recently completed in Harvest View Estates. RESOLUTION Accepting improvements in Harvest View Estates and Harvest Business Center Suggested Disposition: Receive and File; Adopt Resolution 7. Long Range Planning Advisory Commission Communication from Shannon Lundgren submitting her resignation from the Long Range Planning Advisory Commission effective immediately. Suggested Disposition: Receive and File 8. Fiscal Year 2007 - 2011 Capital Improvement Program Communication from the Long Range Planning Advisory Commission stating that the. Fiscal Year 2007 - 2011 Recommended CIP Budget is in conformance with the Comprehensive Plan. Sugg.ested Disposition: Receive and File 9. Comprehensive Plan Update Long Range Planning Advisory Commission submitting the Comprehensive Plan Update Schedule. Suggested Disposition: Receive and File 10. Legislative Correspondence City Manager correspondence to Senators Mike Connolly, Tom Hancock and Roger Stewart urging their opposition to SF 2361 regarding the creation of a statewide cable franchise. Suggested Disposition: Receive and File 11. Bunker Hill Golf Course Reservation License Agreement City manager recommending approval of a Reservations License Agreement with FORE for software for the tee time reservation and point of service system for the Bunker Hill Golf Course. Suggested Disposition: Receive and File; Approve 12. Dubuque Metropolitan Area Solid Waste Agency Communication from the Dubuque Metropolitan Area Solid Waste Agency advising that the Agency has extended the City's Waste Delivery Contract for an additional one-year term from July 1, 2006 through June 30, 2007. Suggested Disposition: Receive and File 3 13. Certificate of Appreciation Certificate of Appreciation to Sandi Hutchcroft for outstanding contributions made in the Standard Operating Procedures Committee National Emergency Number Association. Suggested Disposition: Receive and File 14. Dubuque Regional Airport Communication to Norman Mineta, Office of the Secretary of Transportation, endorsing the Dubuque Regional Airport's application for the Small Community Air Service Development Pilot Program and their plan for improving air service in the tri-state region. Suggested Disposition: Receive and File; Approve 15. Civil Service Commission Civil Service Commission submitting the corrected certified list for the position of Fire Lieutenant. Suggested Disposition: Receive and File; Make a Matter of Record 16. Business Licenses RESOLUTION Granting the issuance of two new licenses to sell cigarettes and cigarette papers within the City to Hy-Vee Gas #3 and Hy-Vee #3 RESOLUTION Granting the issuance of a Class "B" (5 Day Special Event) Beer Permit to Music n More Promotions; a Class "B" Beer Permit to Panchero's Mexican Grill and McAleece Park/Park and Recreation Commission; and Class "C" Beer Permit to Hy-Vee Gas #3, Hy-Vee #3 and Tobacco World RESOLUTION Granting the issuance of a Class "C" Beer/Liquor License to Salsa's Mexican Restaurant, Noonan's Tap, Marco's Italian American Food, and Neighbor's Tap; a Class "B" Wine Permit to Hy-Vee #3; a Class "B" Native Wine Permit to National Mississippi River Museum, Park Farm Winery and Hy-Vee Gas #3; and a Class "E" Liquor License to Hy-Vee #3 Suggested Disposition: Adopt Resolutions BOARDS/COMMISSIONS Appointments to the following Boards/Commissions: Arts and Cultural Affairs Advisory Commission (One unexpired three-year term (Arts position) through 6/30/07 Applicants: Gail Chavenelle, 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 4 PUBLIC HEARINGS SUSPEND THE RULES 1. Bonson Road Reconstruction Project Proof of publication on notice of hearing to consider adoption of the plans and specifications and Resolution of Necessity for the Bonson Road Reconstruction Project and City Manager recommending approval. RESOLUTION Adopting plans and specifications RESOLUTION With respect to the adoption of the Resolution of Necessity proposed for the Bonson Road Reconstruction Project Suggested Disposition: Receive and File; Adopt Resolutions 2. Former Water Department and Stealth Racing Buildings Demolition Project Proof of publication on notice of hearing to consider adoption of the plans and specifications for the Former Water Department and Stealth Racing Buildings Demolition Project and City Manager recommending approval and award of the contract to Newt Marine Service in the amount of $38,911.11. RESOLUTION Adopting plans and specifications RESOLUTION Awarding construction contract for the Former Water Department and Stealth racing Buildings Demolition and Site Clearance Project RESOLUTION Approving construction contract with Newt Marine Service for the Former Water Department and Stealth racing Buildings Demolition and Site Clearance Project Suggested Disposition: Receive and File; Adopt Resolutions 3. Custer Street I Allison Henderson Sewer and Detention Basin Project Proof of publication on notice of hearing to consider adoption of the plans and specifications for the Custer Street I Allison Henderson Sewer and Detention Basin Project and City Manager recommending approval and award of the contract to McDermott Excavating in the amount of $208,795.87. RESOLUTION Adopting plans and specifications RESOLUTION Awarding construction contract for the Custer I Alison Henderson Sewer and Detention Basin Project RESOLUTION Approving construction contract with McDermott Excavating for the Custer / Allison Henderson Sewer and Detention Basin Project Suggested Disposition: Receive and File; Adopt Resolutions 5 4. Floodwall Pumping Station Improvement Project Proof of publication on notice of hearing to consider adoption of the plans and specifications for the Floodwall Pumping Station Improvement Project and City Manager recommending that all bids be rejected. RESOLUTION Rejecting all bids received for the Hawthorne Street Generator Project, Maus Lake Generator Project and Bee Branch Pumping Station Improvement Projects Suggested Disposition: Receive and File; Adopt Resolution REINSTATE THE RULES ACTION ITEMS 1. Convention and Visitors Bureau - Quarterly Report Sue Czeshinski, Dubuque Area Chamber of Commerce Convention and Visitors Bureau, to present quarterly report. Suggested Disposition: Receive and File 2. General Obligation Bonds - Stormwater Projects City Manager advising that the sale of General Obligation Bonds to support stormwater projects will be held on Monday, April 3, 2006 at 11 :00 a.m. and that results will be brought to the April 3rd City Council meeting. RESOLUTION Directing sale of $2,900,000 General Obligation Bonds, Series 2006A Suggested Disposition: Receive and File; Adopt Resolution 3. General Obligation Urban Renewal Bonds - Parking Ramp Restoration Projects City Manager advising that the sale of General Obligation Urban Renewal Bonds to support restoration projects at the Locust Street and Iowa Street Parking Ramps will be held on Monday, April 3, 2006 at 11 :00 a.m. and that results will be brought to the April 3rd City Council meeting. RESOLUTION Directing sale of $910,000 General Obligation Urban Renewal Bonds, Series 2006B Suggested Disposition: Receive and File; Adopt Resolution 4. General Obligation Bonds - Refunding of Balances City Manager advising that the sale of General Obligation Refunding Bonds to refund the outstanding balance on 2000 Series Band C Bonds will be held on Monday, April 3, 2006 at 11 :00 a.m. and that results will be brought to the April 3rd City Council meeting. RESOLUTION Directing sale of General Obligation Refunding Bonds, Series 2006C Suggested Disposition: Receive and File; Adopt Resolution 6 5. Roger Kunde/North End Wrecking - Request to Rezone (First Reading on March 20, 2006) City Manager transmitting a revised ordinance/memorandum of agreement and planting plan, as well as property/enforcement history, for the HI Heavy Industrial rezoning request filed by Roger Kunde for North End Wrecking. Communication from Paul J. Uhlrich, 489 Olympic Heights Road, requesting to address the Council regarding the proposed rezoning for Roger Kunde/North End Wrecking. Communication from Hope Huseman, 245 Olympic Heights, requesting to address the Council regarding the proposed rezoning for Roger Kunde/North End Wrecking. 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 Suggested Disposition: Receive and File; Motion B; Motion A 6. The McGraw-Hili Companies, Inc. City Manager recommending approval of the submission of an application for State financial assistance on behalf of The McGraw-Hili Companies, Inc. to assist with the relocation and expansion of the operation to the Port of Dubuque. RESOLUTION Authorizing the filing of an Iowa Department of Economic Development Application for Financial Assistance on behalf of The McGraw-Hili Companies, Inc. Suggested Disposition: Receive and File; Adopt Resolution 7. Walnut Ridge Estates - Final Plat City Manager recommending approval of the final plat of Walnut Ridge Estates as requested by Lester and Barbara Jennings. RESOLUTION Approving the final plat of Walnut Ridge Estates in Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution 8. Historic District Entry Signs Historic Preservation Commission recommending approval of the sign designs and locations for Historic District Entry Signs. Suggested Disposition: Receive and File; Approve 7 9. Transit Management Contract City Manager recommending approval of a five-year contract with First Transit, Inc. to provide a General Manager for KeyLine Transit. RESOLUTION Approving the selection of First Transit, Inc. for transit management services and authorizing the City Manager to execute an appropriate contract for said management contract Suggested Disposition: Receive and File; Adopt Resolution 10. Historic Preservation Commission - Demolition by Neglect Historic Preservation Commission recommending that the City Council incorporate Demolition by Neglect into the Dubuque City Code for Conservation Districts. City Manager requesting that the Historic Preservation Commission request to extend Demolition by Neglect to Conservation Districts be referred to the City Manager to prepare a report on the impact to staff resources. ORDINANCE Amending Chapter 11 (Building Regulations) of the City of Dubuque Code of Ordinances by amending Section 11-4 Demolition Permits in Conservation Districts Suggested Disposition: Receive and File; Refer to City Manager 11. Alta Vista/Carlotta Street Reconstruction Project City Manager recommending award of the contract for the Alta Vista I Carlotta Reconstruction Project to Portzen Construction, Inc., in the amount of $774,981.40. RESOLUTION Awarding construction contract for the Alta Vista / Carlotta Streets reconstruction project RESOL TUION Approving construction contract with Portzen Construction, Inc. for the Alta Vista / Carlotta Streets reconstruction project Suggested Disposition: Receive and File; Adopt Resolutions 12. Partners in the Dubuque Continuum of Care Communication from Erica Haugen, Dubuque Continuum of Care, requesting City Council support of a resolution calling for the United States Department of Housing and Urban Development to expand the current definition of homelessness. RESOLUTION Expanding HUD's Definition of Homelessness: Providing Local Flexibility, Responding to Families, Children, and Youth Suggested Disposition: Receive and File; Council; Adopt Resolution 8 13. Hunting and Target Practice within City Limits (First Reading 3/6/06; Second Reading 3/20/06) City Manager transmitting a suggested revision to the previously submitted ordinance that would allow hunting/target practice within the City limits to require that the property owner shall be present to supervise target practice on the owner's property. 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 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)(j) 2005 Code of Iowa Jeanne F. Schneider March 30, 2006 9