10 02 06 Skeleton Sheet
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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~ .
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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::?:///
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Make a Will Month /! ?///;; i>?/;> / }/1'z:, -, M/%/~; /0>Z/~
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Week without Violence -;;lfj( JA/6:/'1t:'r;/ _ ';:;P //4-1'// /
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Trick or Treat Night
Energy Star "Change a Light" Day
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CONSENT ITEMS
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/" Lynch
/ , Michalski
/ Braig
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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
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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
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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
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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.
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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
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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
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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
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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
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Ayes
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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
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20.
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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
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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
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ITEMS TO BE SET FOR PUBLIC HEARING
Ayes Nays
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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
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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
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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?
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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
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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
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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
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Setting date of hearing on plans and
RESOLUTION
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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.
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RESOLUTION L-f;r <../
RESOLUTION q' ,5 /-
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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
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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
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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
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Ayes Nays
Buol
Cline
Connors
Jones
Lynch
Michalski
Braig
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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
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PUBLIC HEARINGS
. SUSPEND THE RULES
Ayes Nays /(,
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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
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Ayes Nays
/, Buol
I L~J Cline
/ V;:onnors
/ Jones
/ Lynch
/ Michalski
/ Braig
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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
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RESOLUTION "7 Approving construction contract with Kluck
Construction, Inc. for the Eagle Point Park Roofing Projects
Suggested Disposition: Receive and File; Adopt Resolutions
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Ayes Nays
;;) Buol
() Cline
Connors
tjJones
(3; ynch
~ichalski
Braig
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REINSTATE THE RULES
Ayes Nays
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, . 2J Jones
./ Lynch
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ACTION ITEMS
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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
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Suggested Disposition: Receive and File; Council I,A1 11
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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
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COUNCIL MEMBER REPORTS
PUBLIC INPUT
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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
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Ayes Nays
/ Buol
/ Cline
/ Connors
/ Jones
/ Lynch
/~. / ic~alski
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Motion to adjourn at
20'<'/</
Ayes Nays
Buol
Cline
Connors
Jones
Lynch
Michalski
Braig
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