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10 02 06 Skeleton Sheet . . . CITY COUNCIL REGULAR SESSION, OCTOBER 2, 2006 ~'.. COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE LIBRARY AUDITORIUM PRES,ENT: M~OR,~OL, COUNCIL MEMBERS'BRAIG, aLlNE, CO,(NORS, JO~S, LYNCH, MIC LSKI i }' CITY MANAGER "JoN MILLlGEN, ASSISTANT r.ITY ATTORNEY n',,,-.i/ ABSENT: /f! I~ . l Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of discussing such matters which may properly come before the City Council. INVOCATION: Reverend Jerry E. Oakland, Pastor of St. Luke's United Methodist Church PROCLAMATIONS ") -.. /: /.1, / / /~. "J' ) Arts and Humanities Monthc://L-/: / )('i'."cZ/ .:J;/'I,J;:(/ //u~-t11::?:/// i ' 1 (, ') . -- Make a Will Month /! ?///;; i>?/;> / }/1'z:, -, M/%/~; /0>Z/~ .t;,/ .' . / ..' /' Week without Violence -;;lfj( JA/6:/'1t:'r;/ _ ';:;P //4-1'// / . / ;',/1 .. r//''./ ;'f?1l/0 / t. Trick or Treat Night Energy Star "Change a Light" Day /) I !/uA' m~/}I/;;V\ /. j ~ , . . CONSENT ITEMS /0 .1] I .Ayes Nays ,/ Buol .~ ~:v) g~~~ors /, l.v Jones /" Lynch / , Michalski / Braig If II /;1.) /f ". / ' / i . i , 1. Minutes and Reports Submitted Cable TV Regulatory Commission of7/12; 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 . 2 . . 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 L/57 RESOLUTION /7':573'/ Accepting improvement 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 .L/ 57' 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 L-/'::; 0 Approving the acquisition of real estate located at 2307 Prince Street in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolutions Ayes Nays Suol Cline Connors Jones . Lynch Michalski Sraig 3 . 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. . 10. . Suggested Disposition: Receive and File 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 Ayes Nays Buol Cline Connors Jones Lynch Michalski Braig 4 . 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 //c:;;~ Approving the Second Amendment to the Flexsteel Drainage Improvement Agreement 13. . . Suggested Disposition: Receive and File; Adopt Resolution 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 c/6 J 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 Ayes Nays Buol Cline Connors Jones Lynch Michalski Braig 5 . 14. 15. . . 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 ~/ t/ ~. Accepting a conveyance of property (Lot 2 of Gillespie's Third Addition in the City of Dubuque, Dubuque County, Iowa) RESOLUTION .1/ &-:5 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 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 ~-/6? Of support for Public Measure D. Suggested Disposition: Receive and File; Adopt Resolution Nays Buol Cline Ii ponnors rVJones / /.::t.ynch / (~ichalski / . Braig Ayes v / / / 6 . 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 L/ t::- g 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 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 Ayes Nays Buol Cline Connors Jones Lynch Michalski Braig 7 20. . National Incident Management System (NIMS) City Manager recommending approval of the City's compliancy with the National Incident Management System (NIMS). RESOLUTION L/ t:? tJ Policy for the City of Dubuque Adopting a National Incident Management System 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 8th 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 Ayes Nays Buol Cline Connors Jones Lynch Michalski Braig . 8 . 24. 25. . . Signed Contracts -- Postage Machine Lease Agreement -- Weather Monitoring, Forecasting and Notification Service -- 800 MHZ Radio Agreement Suggested Disposition: Receive and File Business Licenses RESOLUTION L-/"/ {;J 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 Ayes Nays Buol Cline Connors Jones Lynch Michalski Braig 9 . . 6. . ITEMS TO BE SET FOR PUBLIC HEARING Ayes Nays ,/ Buol v (!~line / Connors .I Jones / Lynch / /;~ichalski / (j; ..,raig 1. Vacating Petition - River Front Subdivision No.3 - October 16, 2006 2. Crescent Community Health Center Parking Lot Construction Project - October 16,2006 3. Villa Street Retaining Wall - Ornamental Railing Project - November I. 2006 4. Eagle Point Bluff Scaling and Tree Removal Project - November' 2006 5. US 20 (Devon Drive to Menards) Capacity Improvements Project - November' 2006 7. City Hall - First Floor Restroom Remodel Project - November ~ 2006 Schmitt Memorial Concrete Project - November" 2006 University Avenue Embankment Stabilization Project - November I. 2006 8. 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 1/ 1,;;;2. 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 10 . . . 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 L7'7:) 7" '1,y Setting date of hearing on plans and specifications Preliminary approval of plans and specifications RESOLUTION RESOLUTION ?/:7 5 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 L/7? ?-/7 7 .:-/77 Ordering bids Preliminary approval of plans and specifications RESOLUTION Setting date of hearing on plans and specifications RESOLUTION Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 11/6/06 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 L-/7 ? L7'2O //R/ Ordering bids Preliminary approval of plans and specifications RESOLUTION Setting date of hearing on plans and specifications RESOLUTION Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 11/6/06 11 . . . 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 L/ 6C} Preliminary approval of plans and specifications RESOLUTION specifications ~g'5 Setting date of hearing on plans and RESOLUTION q'z~1 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. ~ # .r:" ...., RESOLUTION L-f;r <../ RESOLUTION q' ,5 /- /I d[?/ RESOLUTION <-r Preliminary approval of plans and specifications Setting date of hearing on plans and specifications 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 L/E'!5 RESOLUTION q' f? ? RESOLUTION .?/p 0 Preliminary approval of plans and specifications Setting date of hearing on plans and specifications Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 11/6/06 12 . 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 q'q; q'tj~ Preliminary approval of plans and specifications RESOLUTION specifications RESOLUTION q' 9'3 Setting date of hearing on plans and Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 11/6/06 . Ayes Nays Buol Cline Connors Jones Lynch Michalski Braig . 13 . . . 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 14 PUBLIC HEARINGS . SUSPEND THE RULES Ayes Nays /(, / Buol ? JI / Cline / (2 Connors / ~Jones / . Lynch / @ Mic~alski / Bralg 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 ijf ./1 Amending the current budgetfor the Fiscal Year ending June 30, 2006 Suggested Disposition: Receive and File; Adopt Resolution . Ayes Nays /, Buol I L~J Cline / V;:onnors / Jones / Lynch / Michalski / Braig . 15 . . . 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 "'7 '15 Adopting plans and specifications RESOLUTION ~q r::; Awarding contract d',?? RESOLUTION "7 Approving construction contract with Kluck Construction, Inc. for the Eagle Point Park Roofing Projects Suggested Disposition: Receive and File; Adopt Resolutions v Ayes Nays ;;) Buol () Cline Connors tjJones (3; ynch ~ichalski Braig , / / / / / REINSTATE THE RULES Ayes Nays / Buol ~ fd Cline / I. ,Connors , . 2J Jones ./ Lynch / Michalski / Braig 16 . .1. . . ACTION ITEMS J /10 /' 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. I,IJ (. Suggested Disposition: Receive and File; Council I,A1 11 JlI/ I ,fl' ,J C f' ~' / "I /"1 5',/ Appointed; ('/--11 <y ~es Nays , @BUOI /, 'Cline / ~Connors Jones / Lynch / Michalski / Braig / rlj irPI J )1/' /1-1 v') j' I!/j/~' /./ I' I' ,/I/~ ,J/' fI' JrI' / Ii' jl I,' /;)1 ,,I' I " /',," ) ;.il '/ ~ 1'/{// ;) (I !: flJ' {; G /i I #Z/j1/ 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 Ayes Nays .'/ Buol /., Cline //' t1JConnors ~Jones /. Lynch / Michalski .I Braig 17 }\\) !~ , j f) \,J () / jl ,~' \,. ! ) \ , ~ rt,", f \ r' '~\\ , ~I cV'J ~p "\'" \J '. \; , t , r ij '\~/ /', f " \ , I~~~ \ jf' (tf ,/ \ /' [:~ ~I rF " I J \1 f )i:Y' ~)ll r I,\l )1, ~I}~! ,rl 1. ',t (\ l~ If , 'dv/,~ ~ f' /O,r' ),,,,, 11 ' . v' i,r\' ,,'D:U\ /"'i,'~' )p!1 i ~') ~' << r' 1/ J Ii r! 'I w .r i ,UY ,.1 I ",II '{v .'J )f!~ V V (j " . . . . . . COUNCIL MEMBER REPORTS PUBLIC INPUT .W 1 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)U) 2005 Code of Iowa Motion to go into closed session at '1:;;.;/ Ayes Nays / Buol / Cline / Connors / Jones / Lynch /~. / ic~alski /f/dBralg Motion to adjourn at 20'<'/</ Ayes Nays Buol Cline Connors Jones Lynch Michalski Braig 18 J~. 1/) Ii) 'jl// II>! 1>;0 //1 /1'