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11 7 05 Agenda No Icons CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING LIBRARY AUDITORIUM MONDAY, NOVEMBER 7, 2005 5:00 P.M. - SPECIAL SESSION - HIGHWAY 20 BRIDGE PROJECT AESTHETIC DESIGN ISSUES -IOWA DEPARTMENT OF TRANSPORTATION 6:00 P.M. - DINNER 6:30 P.M. - REGULAR MEETING INVOCATION Sister Carol Karwoski, OSF, Emergency Shelter Coordinator PROCLAMATIONS Hospice Care Month (November 2005) Hunger and Homelessness Awareness Month (November 2005) Philanthropy Day (November 15, 2005) PRESENTATION Moose Lodge - Presentation of Funds for Greenwood, Mississippi 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 9/28; City Council of 10/17; Five Flags Commission of 9/19; Housing Commission of 9/27; Human Rights Commission of 9/19; Investment Oversight Commission of 10/24; Library Board of 9/27; Park and Recreation Commission of 10/11 Proof of publication of City Council Proceedings of October 3, 2005 Investment Oversight Quarterly Report; Airport Update; Substance Abuse Services Center Quarterly Report Suggested Disposition: Receive and File 2. Notice of Claims/Suits Mark Blocklinger for vehicle damage; Michael and Viola Elliott for property damage; William and Joyce Glasson for property damage; Rebekkah Michel for property damage; Penny Splinter for property damage and personal injury; Patrick Sullivan for vehicle damage Suggested Disposition: Receive and File; Refer to Legal for Investigation/Report Corporation Counsel advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Patrick Sullivan for vehicle damage; Penny Splinter for personal injury/vehicle damage Corporation Counsel advising that the claim of Mark Blocklinger has been referred to Tscihiggfrie Excavating Company. Corporation Counsel recommending settlement of the claims of Michael and Viola Elliott and Rebekkah Michel for property damage and directing the Finance Department to issue payment. Corporation Counsel recommending denial of the claim of William and Joyce Glasson for property damage. Suggested Disposition: Receive and File; Concur; Finance De'partment to Issue Payment 3. Tax Assessment Appeal - Stipulation of Settlement Corporation Counsel submitting a Stipulation of Settlement of a tax assessment appeal by Michael L. and Rita R. Klein. Suggested Disposition: Receive and File; Approve 4. Iowa Department of Transportation Supplemental Agreement City Manager recommending approval of a Supplemental Agreement with the Iowa Department of Transportation related to maintenance of primary roads in municipalities. Suggested Disposition: Receive and File 5. Five Flags HVAC Phase I Project - Acceptance City Manager recommending acceptance of the Five Flags Civic Center HVAC Phase I Project as completed by Geisler Brothers Company in the amount of $502,816.56. RESOLUTION Accepting improvement RESOLUTION Approving final estimate of $502,816.56 Suggested Disposition: Receive and File; Adopt Resolutions 2 6. Key City Moving and Storage Lease City Manager recommending approval of a one year lease with Key City Moving and Storage for property at the southeast corner of Rockdale Road and Twin Valley Drive in the amount of $5,040. Suggested Disposition: Receive and File; Approve 7. Sidewalk Assessment Project - Bid #1 - Acceptance City Manager recommending that assessments in the amount of $5,395.87 be levied against twelve parcels of property as part of the 2005 Sidewalk Assessment Project - Bid #1. RESOLUTION Adopting the final assessment schedule for the 2005 Sidewalk Assessment Project - Bid #1 including certain information required by the Code of Iowa, specifically, 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 final schedule and to publish notice thereof Suggested Disposition: Receive and File; Adopt Resolutions 8. Iowa Recycling Association City Manager advising that Solid Waste Management Supervisor Paul Schultz has been named as "Recycler of the Year" by the Iowa Recycling Association. Suggested Disposition: Receive and File 9. Burch Street Update (Tabled on October 3, 2005) City Manager submitting an update on the property located at 409 Burch Street and recommending that this item be re-tabled to December 5, 2005. Suggested Disposition: Receive and File; Table to December 5,2005 10. Five Flags Equipment Purchase City Manager recommending approval of the purchase of 200 ice skates in the amount of $15,000 to replace current equipment and replacement of the fire curtain trip mechanism in the amount of $14,700 at the Five Flags Center. Suggested Disposition: Receive and File; Approve 11. Irrevocable License for McKesson Loading Dock City Manager recommending approval of an Irrevocable License for a loading dock in the alley between Locust Street and Main Street, ih Street and 8th Street. Suggested Disposition: Receive and File; Approve 3 12. Keyline Fixed Route Driver Recognition , City Manager advising that Area Residential Care presented the Keyline fixed route drivers and dispatch staff with an award for going above and beyond to provide assistance to the consumers served by ARC. Suggested Disposition: Receive and File 13. Fiscal Year 2006 Annual Action Plan - Amendment #2 City Manager recommending adoption of the amended and restated Fiscal Year 2006 Annual Action Plan for the City's Community Development Block Grant (CDBG) program. RESOLUTION Approving an amended and restated Fiscal Year 2006 (Program Year 2005) Annual Action Plan - Amendment #2 for Community Development Block Grant (CDBG) Funds Suggested Disposition: Receive and File; Adopt Resolution 14. Dubuque County Extension Cp2 Grant for Multicultural Center City Manager recommending approval of an amendment to the cp2 Agreement with Dubuque County Extension for the Multicultural Center. RESOLUTION Approving an amendment to the Community Partnership (cp2) Grant Agreement between the City of Dubuque, Iowa and Dubuque County Extension for the Multicultural Center Suggested Disposition: Receive and File; Adopt Resolution 15. Legislative Letters Communication to State Legislators advising that the City has received a $15,500 Historic Resource Development Program Grant from the State Historical Society of Iowa to conduct an archeological investigation in and around the Shot Tower. Suggested Disposition: Receive and File 16. Vision Iowa Report City Manager submitting the Annual Vision Iowa Report. Suggested Disposition: Receive and File 17. White Water Creek Bridge Relocation City Manager recommending approval of the selection of NNW, Inc. as the consultant for the White Water Creek Bridge relocation to a planned bike/hike trail in the Bergfeld Recreation Area. Suggested Disposition: Receive and File; Approve 4 18. Professional Services Floodplain Mapping City Manager recommending approval of hiring IIW Engineers and Surveyors to provide professional services for floodplain mapping for property in the Dubuque Industrial Center West. RESOLUTION Approving proposal for professional services with IIW Engineers and Surveyors for floodplain mapping in Dubuque Industrial Center West Suggested Disposition: Receive and File; Adopt Resolution 19. REAP Award Grant -Iowa 32 Bike/Hike Trail (Phase 1) City Manager advising that the City has received a $200,000 grant from the Iowa Natural Resources Commission for the Iowa 32 (Northwest Arterial) Bike/Hike Trail. Suggested Disposition: Receive and File 20. Dubuque Main Street Challenge Grant Application City Manager recommending approval of a letter of support to Dubuque Main Street, Ltd. for Challenge Grant funding for Step By Step to locate housing accessible to persons with disabilities at 759 Sluff Street. Suggested Disposition: Receive and File; Approve 21. Clarke College Banners City Manager recommending approval of a request from Clarke College to install seventeen banners in the public right-of-way on Clarke Drive near the Atrium. Suggested Disposition: Receive and File; Approve 22. Airport Commission Capital Improvement Program City Manager recommending approval of a request from the Airport Commission to change the Airport's Fiscal Year 2006 equipment replacement schedule. Suggested Disposition: Receive and File; Approve 23. Dubuque Arts Council Communication from the Dubuque Arts Council expressing appreciation for the City Council's support of the performing arts. Suggested Disposition: Receive and File 24. Quarterly Investment Report City Manager submitting the September 30, 2005 Quarterly Investment Report. Suggested Disposition: Receive and File 5 25. Health Care Funding / Community Health Center Communication to Congressman Jim Nussle, Senator Chuck Grassley and Senator Tom Harkin regarding the need for health care funding and expressing appreciation for their assistance in the establishment of a Community Health Center in Dubuque. Suggested Disposition: Receive and File 26. Business Licenses RESOLUTION Granting the issuance of one new permit to sell cigarettes and cigarette papers to A & B Tap RESOLUTION Granting the issuance of one renewal permit to sell cigarettes and cigarette papers to One Flight Up RESOLUTION Granting the issuance of a Class "B" Liquor License to Grand Harbor Resort; Class "C" Beer Permit to Hy-Vee, Inc. and Target Corporation RESOLUTION Granting the issuance of a Class "C" Beer/liquor License to The Bridge Restaurant, Yen Ching Restaurant and Point Restaurant; Class "B" Wine Permit to Target Corporation; Class "E" Liquor License to Target Corporation; and Class "WBN" Native Wine Permit to the Dubuque Area Chamber of Commerce Suggested Disposition: Adopt Resolutions ITEM TO BE SET FOR PUBLIC HEARING 1. United Rental Building Demolition and Site Clearance Project City Manager recommending initiation of the bidding process for the former United Rental Building - Demolition and Site Clearance Project and that a public hearing be set for December 19, 2005. RESOLUTION Preliminary approval of plans and specs RESOLUTION Fixing date of hearing on plans and specifications RESOLUTION Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 12/19/05 6 BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Boards/Commissions: Human Rights Commission (One unexpired term through January 1, 2008 - term of Oswald) Applicants: Anthony Allen, Mary 'Gassman, David Loney Long Range Planning Advisory Commission (Two unexpired terms through July 1, 2008 - terms of Portzen and Rusk) Applicant: Shannon Lundgren Appointments to the following Board: Transit Board of Trustees (Three 3-year terms through July 1, 2008 - terms of Enderson, Lightcap and Sand) Applicants: George O. Enderson, Michael Sand Additional Applicant: Joel Lightcap PUBLIC HEARINGS SUSPEND THE RULES 1. Vacate and Sale of Southern Avenue Property Proof of publication of notice of hearing to consider vacating and disposing of City- owned property along Southern Avenue to Allan and Constance Rowell and City Manager recommending approval. RESOLUTION Vacating and disposing of City Interest in Lot 29, 30, and 31 of Mineral Lot 39, the Easterly 30' of Lot 1 of John Breakey's Dubuque, the Westerly 56' of Lot 1 of John Breakey's Dubuque, Lot 2 of John Breakey's Dubuque, Dubuque, IA by sale to Allan L. and Constance J. Rowell 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 7 2. Samantha Drive Culvert Update City Manager submitting the results of the engineering analysis to quantify the impacts to surrounding properties due to the culvert at 2440 Samantha Drive. Suggested Disposition: Receive and File 3. Request for Proposals - Operations and Maintenance Garage Redevelopment City Manager recommending approval of a Request for Proposals for redevelopment of the former City Operations and Maintenance Garage offices at 925 Kerper Boulevard. Suggested Disposition: Receive and File; Approve 4. Sidewalk Inspection Program City Manager recommending approval of revisions to the City's Sidewalk Inspection Program in response to various citizen concerns. Suggested Disposition: Receive and File; Approve' 5. Zoning and Subdivision Ordinances Update City Manager recommending approval of a revised schedule for the update of the City's Zoning and Subdivision Ordinances. Suggested Disposition: Receive and File; Approve 6. Bickford Transformer Processing Facility City Manager recommending approval of a $1,000 contribution to remediation costs to eliminate potential liability due to the City sending equipment containing PCB's to the processing facility in Bickford, Wisconsin. Suggested Disposition: Receive and File; Approve 7. Legislative Issues City Manager recommending adoption of the City of Dubuque State Legislative Issues and Priorities for the 2006 Legislative Session. Suggested Disposition: Receive and File; Adopt 8. Parade and Assembly Permits City Manager recommending approval of an amendment to the Parade and Assembly Permits Ordinance that excludes small groups (under 25 people) from obtaining a public assembly permit. ORDINANCE Amending the City of Dubuque Code of Ordinances Section 33-21 Parade, Assembly Permit Required Suggested Disposition: Receive and File; Motion B; Motion A 8 9. Ribbon Cuttings City Manager submitting proposed dates for various ribbon cuttings and requesting Council approval. Suggested Disposition: Receive and File; Approve 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 Property Acquisition - Chapter 21.5(1) U) 2005 Code of Iowa Jeanne F. Schneider, CMC November 3, 2005 9