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10 2 06 Agenda NO Icons CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:30 P.M. LIBRARY AUDITORIUM MONDAY, OCTOBER 2, 2006 INVOCATION Reverend Jerry E. Oakland, Pastor of St. Luke's United Methodist Church PROCLAMATIONS Arts and Humanities Month (October, 2006) Make a Will Month (October, 2006) Week without Violence (October 15 - 21, 2006) Trick or Treat Night (October 31, 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 Cable TV Regulatory Commission of 7/12; Cable TV Teleprogramming Commission of 8/8; City Council of 9/18; Civil Service Commission of 8/16 and 9/1; Enterprise Zone Commission of 9/18; Environmental Stewardship Advisory Commission of 9/5; Historic Preservation Commission of 9/21; Housing Commission of 8/22; Human Rights Commission of 8/14; Transit Board of Trustees of 9/14; Zoning Board of Adjustment of 8/24 Proofs of publication of City Council Proceedings of 8/21,8/29,8/30, and 9/5 Suggested Disposition: Receive and File 2. Notice of Claims/Suits Karen Brokus for personal injury; Lisa Fuller for property damage; Linda L. and Zachary D. Lanham for property damage; Ferd A. Nesler vs. City of Dubuque for vehicle damage; Patricia A. Ralston for personal injury; Karia Riedl (Progressive Insurance - Ashley Wilkeson) 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: Karen Brokus for personal injury, Lisa Fuller for property damage, Linda and Zachary D. Lanham for property damage; Patricia A. Ralston for personal injury, and Karia Riedl (Progressive Insurance - Ashley Wilkeson) for personal injury Suggested Disposition: Receive and File; Concur 3. Civil Service Commission Civil Service Commission submitting the certified list for the positions of Account Clerk I, Firefighter, and Transit Dispatcher/Scheduler. Suggested Disposition: Receive and File; Make a Matter of Record 4. Five Flags Arena Fall Protection Project City Manager recommending acceptance of the Five Flags Arena Fall Protection Project as completed by Hy-Safe Technology in the final contract amount of $85,573. RESOLUTION Accepting improvement RESOLUTION Approving final estimate Suggested Disposition: Receive and File; Adopt Resolutions 5. Purchase of Property at 2104 Kniest Street City Manager recommending approval of the purchase of a residential dwelling located at 2104 Kniest Street as part of the acquisition program associated with the Bee Branch Creek Restoration Project. RESOLUTION Approving the acquisition of real estate located at 2104 Kniest Street in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolutions 6. Purchase of Property at 2307 Prince Street City Manager recommending approval of the purchase of a residential dwelling located at 2307 Prince Street as part of the acquisition program associated with the Bee Branch Creek Restoration Project. RESOLUTION Approving the acquisition of real estate located at 2307 Prince Street in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolutions 2 7. Purchase of Property at 2305 Prince Street City Manager recommending approval of the purchase of a residential dwelling located at 2305 Prince Street as part of the acquisition program associated with the Bee Branch Creek Restoration Project. RESOLUTION Approving the acquisition of real estate located at 2305 Prince Street in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolutions 8. Main Street Challenge Grant - Step by Step City Manager recommending approval of a letter of support for Dubuque Main Street, Ltd. funding of Step by Step. Suggested Disposition: Receive and File; Approve 9. Human Rights Commission Communication from James L. Jarrard, Chair of the Human Rights Commission, thanking the City Council for supporting the Human Rights Commission accessibility goal. Suggested Disposition: Receive and File 10. Health Choices Administrative Services Fee City Manager recommending approval of the administrative services fee presented by Health Choices for the City's health insurance plan effective July 1, 2006 through June 30, 2008. Suggested Disposition: Receive and File; Approve 11. Airport Commission Communication from Eric R. Savage thanking the City Council for the opportunity to apply for the Dubuque Airport Commission. Suggested Disposition: Receive and File 12. Flexsteel Drainage Improvement Agreement City Manager recommending approval of a modification to the terms for the operation and maintenance agreement for the Flexsteel flood contract system established in 1992 between Flexsteellndustries, Dubuque County, and the City of Dubuque. RESOLUTION Approving the Second Amendment to the Flexsteel Drainage Improvement Agreement Suggested Disposition: Receive and File; Adopt Resolution 3 13. Acceptance of Warranty Deed City Manager recommending approval of the acceptance of a warranty deed from Dubuque Bank and Trust for construction of an additional eastbound lane on Asbury Road west of the Northwest Arterial RESOLUTION Accepting a conveyance of property (Lot A of Lot 1 of Holliday Addition in the City of Dubuque, Dubuque County, Iowa) Suggested Disposition: Receive and File; Adopt Resolution 14. West 32nd Street Detention Pond - Acceptance of Warranty Deeds City Manager recommending approval of the acceptance of two warranty deeds for purchases necessary for the improvements to the West 32nd Street Detention Pond. RESOLUTION Accepting a conveyance of property (Lot 2 of Gillespie's Third Addition in the City of Dubuque, Dubuque County, Iowa) RESOLUTION Accepting a conveyance of property (Lot A of Lot B of Sullivan's Second Addition in the City of Dubuque, Dubuque County, Iowa) Suggested Disposition: Receive and File; Adopt Resolution 15. University Avenue Reconstruction Project City Manager recommending approval of the final schedule of assessments for the University Avenue Reconstruction project. RESOLUTION Adopting the final assessment schedule for the University Avenue Reconstruction Project from Delhi to Alta Vista and the University Avenue Patching Project from Alta Vista to Spruce Street 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 Resolution 16. Resolution of Support - Dubuque County Friends of Extension RESOLUTION Of support for Public Measure D. Suggested Disposition: Receive and File; Adopt Resolution 17. Community Economic Betterment Account Application (CEBA) City Manager recommending approval to submit a Community Economic Betterment Account (CEBA) program application to the Iowa Department of Economic Development on behalf of Cottingham and Butler, Inc. RESOLUTION Authorizing the filing of a Community Economic Betterment Account (CEBA) Application on behalf of Cottingham and Butler, Inc. Suggested Disposition: Receive and File; Adopt Resolution 4 18. Dubuque Screw Products, Inc. City Manager recommending approval of the Assignment of Right to Purchase Property Under Development Agreement from Dubuque Screw Products, Inc. to Michael R. Scherr, President of Dubuque Screw Products, Inc. Suggested Disposition: Receive and File; Approve 19. Request to Purchase Property Communication from Joseph J. Bitter, representing Roger Kunde and North End Wrecking, Inc., requesting to purchase a portion of City-owned property located adjacent to North End Wrecking. Communication from Jay and JoAnn Roussel requesting to purchase the City-owned alley on Lois Street. Suggested Disposition: Receive and File; Refer to City Manager 20. National Incident Management System (NIMS) City Manager recommending approval of the City's compliancy with the National Incident Management System (NIMS). RESOLUTION Adopting a National Incident Management System Policy for the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution 21. Rotary Club of Dubuque Application of the Rotary Club of Dubuque to transfer their liquor license from the Grand Opera House at 135 West ath Street to 1000 Jackson Street on October 14, 2006. Suggested Disposition: Receive and File; Approve 22. Business License Refund Request of Marsha Saunders, The Water Hole, for a refund of her liquor license in the amount of $633.75. Suggested Disposition: Receive and File; Approve 23. Improvement Contracts I Performance, Payment and Maintenance Bonds -- Cedar Street and Dog Track Lift Station Improvements Project Suggested Disposition: Receive and File 24. Signed Contracts -- Postage Machine Lease Agreement -- Weather Monitoring, Forecasting and Notification Service -- aoo MHZ Radio Agreement Suggested Disposition: Receive and File 5 25. Business Licenses RESOLUTION Granting the issuance of a Class "C" Beer Permit to Aldi #30, 5-Point Mart and Puff n Snuff RESOLUTION Granting the issuance of a Class "C" Beer/Liquor License to Clarke College; Special Class "C" Liquor License to Grape Harbor, and a Class "B" Wine Permit to Aldi #30 Suggested Disposition: Adopt Resolutions ITEMS TO BE SET FOR PUBLIC HEARING 1. Vacating Petition - River Front Subdivision No.3 City Manager recommending that a public hearing be set for October 16, 2006 to consider a request from Airgas North Central, Inc. (Airgas) to vacate a portion of Kerper Boulevard that abuts the existing Airgas facility at 2240 Kerper Boulevard. RESOLUTION Of intent to vacate and dispose of City interest in Lot 1A, Block 6, River Front Subdivision NO.3 in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 10/16/06 2. Crescent Community Health Center Parking Lot Construction Project City Manager recommending initiation of the public bidding process for the Community Health Center Parking Lot Construction Project and setting a public hearing for November 6, 2006. 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 10/16/06 3. Villa Street Retaining Wall - Ornamental Railing Project City Manager recommending initiation of the public bidding process for the Villa Street Retaining Wall - Ornamental Railing Project and setting a public hearing for November 6, 2006. 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 11/6/06 6 4. Eagle Point Bluff Scaling and Tree Removal Project City Manager recommending initiation of the public bidding process for the Eagle Point Bluff Scaling and Tree Removal Project and setting a public hearing for November 6, 2006. 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 11/6/06 5. US 20 (Devon Drive to Menards) Capacity Improvements Project City Manager recommending initiation of the public bidding process for the US 20 (Devon Drive to Menards) Capacity Improvements Project and that a public hearing be set for November 6, 2006. 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 11/6/06 6. City Hall - First Floor Restroom Remodel Project City Manager recommending initiation of the public bidding process for the City Hall - First Floor Restroom Remodel Project and setting a public hearing for November 6, 2006. 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 11/6/06 7. Schmitt Memorial Concrete Project City Manager recommending initiation of the public bidding process for the Schmitt Memorial Concrete Project and setting a public hearing for November 6, 2006. 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 11/6/06 7 8. University Avenue Embankment Stabilization Project City Manager recommending initiation of the public bidding process for the University Avenue Embankment Stabilization Project and setting a public hearing for November 6, 2006. 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 11/6/06 BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Boards/Commissions: Cable TV Teleprogramming Commission (Three 3-year terms through 6/30/09 - Term of Tigges and two vacancies) Applicant: Jennifer Tigges PUBLIC HEARINGS SUSPEND THE RULES 1. Fiscal Year 2007 Budget Amendment Proof of publication on notice of hearing to consider the first amendment to the Fiscal Year 2007 budget and City Manager recommending approval. RESOLUTION Amending the current budget for the Fiscal Year ending June 30, 2006 Suggested Disposition: Receive and File; Adopt Resolution 2. Eagle Point Park Roofing Projects Proof of publication on notice of hearing on the adoption of the plans and specifications for the Eagle Point Park Roofing Projects and City Manager recommending award of the contract to Kluck Construction, Inc. in the amount of $41,170. RESOLUTION Adopting plans and specifications RESOLUTION Awarding contract RESOLUTION Approving construction contract with Kluck Construction, Inc. for the Eagle Point Park Roofing Projects Suggested Disposition: Receive and File; Adopt Resolutions REINSTATE THE RULES 8 ACTION ITEMS 1. Council Chambers City Manager requesting that the Mayor and two City Council Members serve on the committee that will deal with the specific design criteria for the Council Chambers in the Federal Building. Suggested Disposition: Receive and File; Council 2. Code of Ordinances Revisions City Manager recommending approval of proposed changes to Chapter 31 - Licenses and Miscellaneous Regulations and Chapter 35 - Peddlers and Transient Merchants of the City of Dubuque Code of Ordinances. 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 Pending Litigation and Property Acquisition - Chapter 21.5(1 )(c)(j) 2005 Code of Iowa Jeanne F. Schneider September 28, 2006 9