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12 5 05 Skeleton Sheet . . . CITY COUNCIL REGULAR SESSION, DECEMBER 5, 2005 COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE LIBRARY AUDITORIUM / ! PRESENT: MAYOwOUGGAN, COUNCIL MEMBERS~RAIG, CaANE, CO~ORS, MARK'Y'M, MIC~LSKI, NICH9LSON CITY MANAGE"AN MILLlGEN; CORPORATION CO\4NSEL LINDAHL ABSENT: INVOCATION: Reverend Robert Weinhold, Pastor, St. Paul Lutheran Church PROCLAMATION: I .' ... ,. / . /. .:1 I / Human Rights Day ,<::li;:/--i/'.l/.Vi/ '" '- Yd, I( j/ -" , PRESENTATION: Presentation of the U.S. Naval Mobile Construction Battalion Twenty-Five Command Coin by BU1 Brant Schueller N rfl (0 / 'rJP (~I ,f ) , (V /:)(1 / I I ! 7 li/i /\/ '1 ! }{r/" (Jill 1,' }) .' V . (, I ) L5 I pi , ;jI 4l' /71 , . . . CONSENT ITEMS Ayes ,f / / / / / / Nays Michalski ~ic~olson rJ ralg \ Cline C~onnors . Duggan Markham 1. Minutes and Reports Submitted City Council of 11/21; Electrical Code Board of 11/28; Historic Preservation Commission of 11/17; Housing Commission of 10/25; Long Range Planning Commission of 11/16 2. Proof of publication of City Council proceedings of November 7, 2005 Suggested Disposition: Receive and File Notice of Claims/Suits Best Western Midway Hotel for property damage; Stacy Birch for personal injury; John W. Freund III for vehicle damage; Randall and Carol Stecher for property damage; Wells Fargo Bank Minnesota vs City of Dubuque, et al 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: Best Western Midway Hotel for property damage; Stacy Birch for personal injury; Randall and Carol Stecher for property damage Suggested Disposition: Receive and File; Concur '," '~/ll), ' (r,) ~ , /~l f If I~ J I I' f 9 J ! fr~/1,) / {) ,J! ':-;' , ,," f) iI' , ~/~/ / 1~ I ,{, ~ I/l' 'c:-./ ,J I'_ , J /J" / ! ,/ ~ " ' /11'1 /" 'jJ I . (',,") I f'f /; f J? ;(Y 1'./ r / )/ /1 2 . . . \ 409 Burch Street (Tabled on November 7,2005) City Manager submitting an update on the property located at 409 Burch Street and recommending that this item be retabled to the first meeting in January, 2006. Suggested Disposition: Receive and File; Table to First Meeting in January 4. Claim Settlement Corporation Counsel submitting information regarding the settlement of a claim by Public Entity Risk Services of Iowa on behalf of the City. 3. Suggested Disposition: Receive and File 5. Mullen Road Sanitary Sewer Reconstruction Project City Manager recommending acceptance of the Mullen Road Sanitary Sewer Reconstruction Project as completed by Drew Cook and Sons Excavating, Inc., in the final contract amount of $57,074.72. RESOLUTION .:;- / !I Accepting improvement RESOLUTION 5/9 Approving final estimate Suggested Disposition: Receive and File; Adopt Resolutions Ayes Nays Michalski Nicholson 2 Braig Cline I Connors Duggan Markham 3 e e e 6. Grandview Avenue Concrete Section Repair Project City Manager recommending acceptance of the Grandview Avenue Concrete Section Repair Project as completed by Drew Cook and Sons Excavating, Inc., in the final contract amount of $41 ,581.33. RESOLUTION -5-:?O RESOLUTION ~<)C}---;/ Accepting improvement Approving final estimate Suggested Disposition: Receive and File; Adopt Resolutions 7. University Avenue - Howard R. Green Supplemental Agreement City Manager recommending approval of Supplemental Agreement No.4 for Howard R. Green Company to provide additional engineering services for the second phase (~~t~~~,i~ri!~On) of the University Avenue Extension Project. ,- Suggested Disposition: Receive and File; Approve 8. Abstract of Votes Submittal of the Abstract of Votes for the November 8,2005 City Council election. Suggested Disposition: Receive and File Ayes Nays Michalski Nicholson t Braig Cline / Connors Duggan Markham 4 . . . 9. Acceptance of Warranty Deed City Manager recommending approval of the acceptance of the warranty deed from Murphy Family Enterprises, LLP for the right-of-way necessary for roadway improvements adjacent to the new US 20 Bridge. RESOLUTION sac:? Accepting the deed to certain real estate in Dubuque County, Iowa, from Murphy Family Enterprises, LLP Suggested Disposition: Receive and File; Adopt Resolution 10. Marshall Park Rest Room Project - Change Order City Manager advising that he has approved a change order for the Marshall Park Rest Room Construction project in the amount of $36,955.37. Suggested Disposition: Receive and File 11. STP Funding - Highway 20 Landscaping Project - Phase II City Manager recommending approval of an agreement with the Iowa Department of Transportation for $100,000 of STP funding for Phase II of the Highway 20 Landscaping Project. Suggested Disposition: Receive and File; Approve Ayes Nays Michalski Nicholson Braig Cline Connors Duggan Markham 5 . . . Human Rights Commission 2005 Annual Report City Manager submitting the Human Rights Commission 2005 Annual Report. Suggested Disposition: Receive and File 13. Hartig Drug Company Communication from property owners in opposition to the request of Hartig Drug Company to lease a portion of the City-owned alley behind 157 Locust Street. 12. Suggested Disposition: Receive and File 14. Transit Management Request for Proposals City Manager recommending approval of the issuance of a Request for Proposals for management of Keyline Transit and to simultaneously solicit applications for a full-time Transit Manager. Suggested Disposition: Receive and File; Approve 15. HOME Program Application City Manager recommending approval of an application to the Iowa Department of Economic Development (IDED) for HOME Program funding for the Step by Step project. RESOLUTION 5~.:3 Authorizing the Mayor to execute an application to participate in the Iowa HOME Investment Partnership Program Suggested Disposition: Receive ~d File; Adopt Resolution I I;f Irf} ;' I I'.~ flY Ayer.) Nays i .J/I ,r ) }" ,I, ( IjMichalski ( T" I. Nicholson .J\ rq dl/ /, Braig . /,)Y "<f/'" Ai ' f j(?,~~~~ors /(1 j) , /J ~ / /Y;;uggan (JUf!t) h / (I / Markham , ~) L . 'f 'll /,' ,Ii 1-'1, :i l~iL/~ /lJ 1/ (/lll fl' ".. " (1 6 ill i 17 [iv' I jJ ~{J/ fA/ \1" /0" 11 }/' VJ ,1' , ",1/})j(I,I/' / ~fl/I i ,',,' /ljJJ!'.<I!)J !/ L ,/,;1. 1/' III I if (J ~,,'. 1 '~ 'J/I' I. ()) lV' k r, / Jill' ,).;/ If t . ,P L( .",,;}t }/) L jJ '~,' I.l IY~ IJ ,1)C' " .II ,If'" '}/,/ \",)1 ' '0' /' Jr 'I' , 1 'f '/ . . c. 0)1 . . . Cooperative Winter Roadway Maintenance Agreement City Manager recommending approval of a new Cooperative Winter Roadway Maintenance Agreement with the City of Asbury for certain roads. RESOLUTION 5d~' Approving Winter Roadway Maintenance Agreement between the City of Dubuque and the City of Asbury Suggested Disposition: Receive and File; Approve 17. Citizen Communication Communication from Ian Carstens, 2370 Shiras Avenue, requesting additional funding for the Young Adults Department at the Library. 16. Suggested Disposition: Receive and File 18. Historic District Public Improvement Program Historic Preservation Commission recommending approval of an application for Historic District Public Improvement Program (HDPIP) funds to install directional signage and a kiosk at Four Mounds. 19. Suggested Disposition: Receive and File; Approve Iowa 32 Bike/Hike Trail City Manager recommending approval of a REAP Agreement for Phase I of the Iowa 32 Bike/Hike Trail. RESOLUTION ..9 6- Authorizing a REAP Grant Agreement with the Iowa Department of Natural Resources for Phase 1 of Iowa 32 Bike/Hike Trail Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays Michalski Nicholson Braig Cline Connors Duggan Markham 7 ) ~ t V ~' ) ,j t \,lfV .~ V " c; , ~)U \ ~ . (, A;'~\ (J~ ,t\ If . . e e e Kelly's Bluff Planned Unit Development (PUD) Communication from the Long Range Planning Advisory Commission advising that by a vote of 4 to 0, the LRPAC passed a motion that the Kelly's Bluff PUD project is not consistent with the 2002 Dubuque Comprehensive Plan. Suggested Disposition: Receive and File 21. City Hall- Third Floor Structural Repair Project City Manager recommending acceptance of the City Hall - Third Floor Structural Repair Project as completed by Tricon of Dubuque, in the final contract amount of $104,619.00. 20. RESOLUTION 5~? Accepting improvement -...,...-, RESOLUTION "':::'-7,;;:7 / Approving final estimate Suggested Disposition: Receive and File; Adopt Resolutions 22. International City/County Management Association Certificate from the International City/County Management Association recognizing City Manager Michael C. Van Milligen as an ICMA Credentialed Manager and press release issued by the City regarding the certification. Suggested Disposition: Receive and File 23. Business License Refund Request of a refund of the beer and liquor license for The Busted Lift in the amount of $633.75. Suggested Disposition: Receive and File; Approve 24. Business Licenses RESOLUTION 53 ? Granting the issuance of a Class "C" Beer/Liquor License to The Moracco and a Special Class "C" Liquor License to Dubuque Family Restaurant Suggested Disposition: Adopt Resolution 1~~(j ,} ,-Y /If , , \ Ay~ Nays ,/ (j Michalski / Nicholson / Braig /, Cline -J' Connors /~, Duggan (-,:/ arkham 8 e e e BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Commission: Human Rights Commission (Three terms through January 1, 2009 - terms of Ehlinger, Foster and Vanden Heuvel) Applicants: Patricia Foster, Mary Gassman, Vi,ncent Vanden Heuvel ) , \ ) \ ') \ y) !" Vi "fl'~ , ^ .v ! /li\!11,' / P,II Y I ,'1' '1/" , /1, 1, ' 9 ACTION ITEMS . 1. Arc Design Resources, Inc. I QHQ Properties (First Reading November 21,2005) City Manager submitting a revised ordinance for the Arc Design Resources, Inc. / QHQ Properties rezoning for the proposed development of a Sam's Club. ORDINANCE .-1 /~/ Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 4310 Asbury Road from C-3 General Commercial District to PUD Planned Unit Development District with a PC Planned Commercial District designation Suggested Disposition: Receive and File; Motion B; Motion A Ay~ ' Nays /; (9Michalski /' Nicholson , Braig / ^jCline /1-, (/)Connors X /f Duggan "/ \ / Markham \ . Ayes Nays Michalski Nicholson Braig Cline Connors Duggan Markham . 10 , I //0 n p(1 l {\ ii' , If ) 0/ ' J. ' \( / ifJ ~ , If / 'I I ' \ e 2. 2005 National Electrical Code City Manager recommending approval of the 2005 National Electrical Code published by the National Fire Protection Association. ORDINANCE ? .y'~c;::?..:7 -' Providing that the Code of Ordinances, City of Dubuque, Iowa be amended by repealing Section 18-1 thereof and enacting a new Section 18-1 thereof pertaining to revising and reenacting an Electrical Code for the City of Dubuque, Iowa and providing for the issuance of permits and collection of fees therefor Suggested Disposition: Receive and File; Motion B; Motion A Ayes otl1 )' { l. D 1/ ' /' ... 'il/ ,... I IIi p1L Jet ,Il I {)l '1ft 11, i}~ ;Ii ,Or l{fy 'api, 1i/ j , if' I. J 'I i Nays Michalski Nicholson Braig / Cline I I; ~onnors / e Duggan ~arkham / I e Ayes Nays Michalski Nicholson Braig Cline Connors Duggan Markham . 11 . 3. Airport Commission Corporation Counsel recommending adoption of an ordinance regarding membership on the Airport Commission. ORDINANCE ;;; ,S"- () .:::,- Amending Section 4-46 of the City of Dubuque Code of Ordinances providing for the appointment and term of Airport Commission members Suggested Disposition: Receive and File; Motion B; Motion A /Ayes Nays ! Michalski I Nicholson / Braig / ,Cline I (f) Connors / / Duggan ; @rarkham / . Ayes Nays Michalski Nicholson Braig Cline Connors Duggan Markham . 12 . 4. . . City Council Meeting Dates Council Member Michalski requested an Ordinance regarding regular meeting dates of the City Council. ORDINANCE r::;;.,) J {/.:;/ Amending the City of Dubuque Code of Ordinances Section 2-22 Meetings-Date Establishing Regular Meetings of the City Council Suggested Disposition: Receive and File; Motion B; Motion A I ~, (dl!~l /'lilg/~' ) iT! /;/-ro .1./) 6Y' fIll' If' .. II ..! c IV i! , I Jf //r~ J" .' I Ay" Nays I L!) Michalski / " Nicholson /. Braig / Cline / , (7)~onnors / " l5IOuggan / Markham Ayes Nays Michalski Nicholson Braig Cline Connors Duggan Markham 13 5. Emergency Succession City Manager recommending approval of an ordinance which provides for emergency succession for the Mayor and City Council Members. ORDINANCE t:: -2. (/5 Amending the City of Dubuque Code of Ordinances by adopting a new Section 2-86 Establishing the Emergency Succession for the Mayor and Council Members . Suggested Disposition: Receive and File; Motion B; Motion A , Ayes Nays 0/i Michalski '/ Nicholson hit I Braig I Cline [)con"ors , , / I I ~uggan i -;/ arkham i / i / j i '10/ r #, i I Are) Nays /;1 . Michalski , \ / "- Nicholson / Braig / ,Cline / (i})connors / Duggan / Markham . 15 . . . 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 Motion to go into Closed Session at ;# ;;/] :C/ '~..l../ Ayes Nays ./ Michalski 1/ Nicholson ./ Braig ,./ ~line / id onnors / '= Duggan / If )warkham ---' Motion to adjourn at 7,'5/' Ayes Nays Michalski Nicholson Braig Cline Connors Duggan Markham 16 ',I,i . t I \ \ (\ ,,1\ \!\~ \. 'j' J~) I~ r\J' ,l/ I' \,~ ~ v , , 1\ I { /\' ~YD) :\:' ,fiJi', IJT\ l~ tl J' 0~ v~' '\1 '\) ~ 'I re.",\"", ~ t", ~t\ >' Ii ~ \1:: I \! ~ 'YL i 1 ~y I \ IV ,t, \)~, : , i\,fr\,., r" I fJ \ I \ ' \, \, J/t- \ ~ N!. \,' \1 I V hi " ' ~~ I : \ 'I' \.i) ;\ ~\,d\\; \/\~ ! Ii (~ I '.' II, i ! v \ \J ~' . . .